THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.108 of 2011 DT.16.09.2011 Between: Shaik Fazula Yaseen s/o Late Shaik Adam Saheb … Petitioner And Syed Mahboob s/o Syed Aqbar … Respondents Counsel for the Petitioners: Sri M.Janardhana Rao Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.108 of 2011 O R D E R: The petitioner is the plaintiff in the suit filed by him in O.S.No.133/1991, on the file of the Principal Senior Civil Judge, Guntur seeking permanent injunction restraining the respondent from interfering with peaceful possession and enjoyment of the suit schedule property. The said suit was dismissed for default of the petitioner on 28-11-2005, against which, the petitioner filed an appeal along with an application in I.A.No.5117 of 2010 in an unnumbered A.S of 2010 under Section 5 of the Limitation Act to condone the inordinate delay of 1510 days in filing the appeal against the judgment in O.S.133/1991. It was contended by the petitioner before the lower appellate Court that he worked as Reserve Sub-Inspector and retired from service. As it was difficult for him to pursue the case due to ill health, his cousin was looking after the case. His own people have defeated his right and he fell sick since 1999 and was undergoing medical treatment. Even after recovering to some extent, he could not inform to his counsel about his absence, and therefore, the delay in filing the appeal is not wilful or negligent. Absolutely, the said reasons do not constitute any cause, much less, substantial cause for condonation of inordinate delay of 1510 days in filing the appeal. More over, the petitioner has not filed any particulars about his date of retirement and ailment, and therefore, the lower Court rightly dismissed the said application. The revision is without merit and accordingly it is dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 16.09.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.108 of 2011 DATE: 16.09.2011 GRK