THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No. 3669 OF 2009 Date: 24.11.2009 Between: Jammana Durgavathi. … Petitioner and Sampathi Rao Chinna Simhachalam. … Respondent THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No. 3669 OF 2009 ORDER: The Civil Revision Petition is filed against the order passed by the District Judge, Srikakulam in I.A. No.342 of 2009 in A.S. (G.R). No.1046 of 2009 dated 23.06.2009. The petitioner herein is also the petitioner in the I.A. and the judgment debtor in the suit. She filed the said I.A. under Order 41 Rule 3(A) C.P.C. and Section 5 of the Limitation Act, with a prayer to condone the delay of 1243 days in preferring the appeal, contending that the records were misplaced and, as such, she could not file the appeal within time. The Court below noted that it was only after receipt of the notice in E.P. No.14 of 2008, filed by the respondent, that the petitioner had filed an application to condone the delay, that she had failed to explain why she did not file the appeal within time immediately after passing the decree and, if the record was misplaced, she ought to have contacted the Court through her Advocate for obtaining certified copies of documents. The Court below held that the abnormal delay of 1243 days necessitated an inference that the petitioner’s intention was only to delay payment of the decretal amount, though she was working as a Hindi Pandit in the Zilla Parishad High school. The Court below came to the conclusion that the ground for seeking condonation of delay of 1243 days, i.e., misplacing of records was not satisfactory and did not justify condonation of delay. The delay of 1243 days is inordinate and, as the Court below has exercised its discretion not to condone the delay holding that the plea taken for misplacing the records did not constitute sufficient ground, I see no reason to interfere with the order of the Court below under Article 227 of the Constitution of India. The C.R.P. fails and is, accordingly, dismissed. ____________________________ Date: 24-11-2009 RAMESH RANGANATHAN, J MRKR