THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.5533 OF 2011 ORDER: This Civil Revision Petition is directed against the order, dated 09.02.2011, in I.A.No.380 of 2008 in O.S.No.57 of 2003 on the file of the learned Senior Civil Judge, Jagtial, wherein the said application filed by the petitioner herein under Section 5 of the Limitation Act to condone the delay of 64 days in filing the petition under Order IX Rule 9 CPC for restoration, was dismissed. 2. Heard both sides. Perused the records. 3. Petitioner herein filed the suit for declaration of title and for recovery of possession of the plaint schedule property, which comprises three items of agricultural land of 0.06 guntas; 0.07 guntas and 0.05 guntas. Respondents-defendants filed written statement contesting the suit. After necessary issues were settled, the trial of the suit commenced with the filing of affidavit of P.W.1 in lieu of chief examination. At that stage, the suit was dismissed for default on 28.03.2006. Subsequently, it was restored by order, dated 17.04.2007, in I.A.No.214 of 2006. Even thereafter, petitioner was not diligent in prosecuting the suit and therefore it is again dismissed for default second time on 28.03.2008. Petitioner filed an application for restoration of the suit along with I.A.No.380 of 2008 for condoning the delay of 64 days. According to the petitioner, on account of the old age he was hospitalized at Government hospital, Metpalli for a period of about three months and therefore he could not attend the Court. As no medical certificate was filed in support of the said plea, the trial Court dismissed the application. 4. As the suit is filed for declaration of title and recovery of possession of immovable property and as valuable rights of the parties are involved, and having regard to the fact that the petitioner is aged more than 70 years, it is considered that an opportunity can be given to the petitioner to have the matter disposed of on merits. In the circumstances, the delay of 64 days in filing the application be condoned on the petitioner paying costs of Rs.1000/- ( rupees one thousand only) to the other side within two weeks from today, failing which the order, dismissing the application, shall remain in force. In the event of the suit being restored, having regard to the fact that the suit was initially filed in the year, 2003 and the petitioner was a senior citizen, the trial Court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order. In the event of the petitioner not pursuing the matter with diligence, it is open to the trial Court to pass appropriate orders. 5. In the result, Civil Revision Petition is allowed. _______________________ G.V.SEETHAPATHY, J 16th December, 2011. Tsy