The Hon’ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.2881 of 2010 Dated 30th July, 2010 Between: S.Anwar Basha …Petitioner And K.Purandhara Achari …Respondent Counsel for the petitioner: Mr.Mohd.Sharfuddin Counsel for the respondent: --- The Court made the following: Order: This Civil Revision Petition arises out of Order, dated 17-09-2008, in IA.No.326 of 2008 in CFR.No.2846 of 2008 in OS.No.___ of 2008, on the file of the Principal Senior Civil Judge, Kurnool District (for short ‘the lower Court’). The petitioner is the plaintiff in the above-mentioned suit, filed for specific performance of an agreement of sale. The said suit was returned with certain office objections. There was a delay of 108 days in representation of the said suit. The petitioner filed IA.No.326 of 2008 for condonation of delay of 108 days in representing the suit. On 10-09-2008, the said application was allowed subject to the petitioner paying a sum of Rs.250/- on or before 17- 09-2008 and with the condition that in default of such payment, the application stands dismissed. As the petitioner failed to make the said payment, the application was dismissed for non-compliance on 17-09-2008. Against the said order, the present Civil Revision Petition is filed with a delay of 33 days. The learned Counsel for the petitioner submitted that this Court ordered notice on 24-02-2009 in the delay application and that thereupon, this Court has condoned the delay by interim order, dated 07-07-2010. At the hearing, there is no representation for the respondent. Though nothing is stated in the grounds of revision petition, in his affidavit filed in support of the interim application filed in the Civil Revision Petition, the petitioner has stated that he was not aware of passing of conditional order, dated 10-09-2008, and that subsequent to the dismissal of his petition on 17-09-008, he was away from Kurnool till 15-10-2008 and therefore, he could not comply with the impugned conditional order. As the respondent failed to contest the Civil Revision Petition and having regard to the reasons assigned by the petitioner in the accompanying affidavit, the Civil Revision Petition is allowed and Order, dated 17-09-2008, in IA.No.326 of 2008 in CFR.No.2846 of 2008 in OS.No.___ of 2008, of the lower Court is set aside The petitioner is permitted to pay costs of Rs.250/- within one week from today, failing which, the IA stands dismissed. As a sequel, CMP.No.3847 of 2010, filed by the petitioner for interim relief, is disposed of as infructuous. C.V.Nagarjuna Reddy, J Dated 30th July, 2010 lur