IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.4436 of 2010 Between: Kandimalla Subba Rao ..... PETITIONER(S) AND Gudipudi Lakshmamma .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.4436 of 2010 ORDER: Petitioner, who is the unsuccessful plaintiff, filed this revision under Section 115 CPC inter alia seeking to assail the correctness of the order dismissing the application purported to have been filed by him under Section 5 of the Limitation Act, 1963 and under Order XLI Rule 3-A of CPC with a prayer to condone the delay of 96 days in preferring the appeal. Heard. Perused the material available on record. Admittedly, the Suit is one for specific performance of contract against the respondent and as the same was dismissed on 25.03.2009, the petitioner wanted to prefer an appeal. In the affidavit filed in support of the said application, except baldly stating that he fell sick in July 2009, there is absolutely no satisfactory explanation put forth by the petitioner for such delay. The Court below by taking into account all these lapses on the part of the petitioner does not find favour to show any indulgence in favour of the petitioner. Having regard to the discretion exercised by the Court below, I do not find any merit in this revision and hence the same is liable to be dismissed. Therefore, the Civil Revision Petition is dismissed. There shall be no order as to costs. _____________________ B.PRAKASH RAO, J 1st October, 2010 CVRK