THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO.4817 OF 2008 ORDER: The petitioner filed this Civil Revision Petition under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 29.11.2005 passed in I.A.No.1558 of 2005 in O.S.No.671 of 1997 on the file of the I Additional Senior Civil Judge, Visakhapatnam, in dismissing the I.A. filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 125 days in filing petition under Order IX Rule 9 of the Code of Civil Procedure, 1908, to set aside the default order. The facts, in brief, which are necessary for disposal of this revision, are that O.S.No.671 of 1997 was filed for partition of the suit schedule property and for allotment of shares. The said suit was dismissed for default on 02.02.2005. The counsel for the petitioners returned the case record on 21.02.2005 with an advice to engage another advocate. The first petitioner fell seriously ill and suffered from Jaundice and was on bed rest till the end of April 2005. In May 2005, when the petitioners made enquiry about the suit, it was informed about vacation of the Courts and the restoration petition has to be filed after reopening of the Courts in June 2005. Hence, the present I.A. is filed to condone the delay while filing the petition for restoration. The Court below issued notice to the respondents through Court and registered post but the notice was not served. When the petitioners were called absent on 29.11.2005, the Court below dismissed the I.A. Hence, the Civil Revision Petition. Having heard the submissions made and on perusal of the material available on record, since the suit for partition involves vast schedule property, it is felt desirable to give an opportunity to the petitioners by imposing some costs. Accordingly, the Civil Revision Petition is disposed of and I.A.No.1558 of 2005 is allowed. The delay of 125 days in filing restoration petition is condoned on condition that the petitioners pay costs of Rs.10,000/- {Rupees ten thousand only} to defendants 2 to 4 within a period of two {2} weeks from today, failing which the above order stands reverted . On such payment, the trial Court shall take up the application for restoration and dispose of the same in accordance with law. There shall be no order as to costs. _____________________ (GHULAM MOHAMMED, J) 30th July 2010 RRB