THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 5655 of 2005 DATE: 30-04-2011 Between: Katta Venkaiah (died) per LRs and others .. Petitioners And Attena Jangaiah @ Golla Jangaiah .. Respondent THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 5655 of 2005 ORDER: This Civil Revision Petition is filed against the order dated 02.08.2005 in I.A.No.49 of 2004 in A.S.S.R.No.108 of 2004 on the file of the Senior Civil Judge, Vikarabad, Ranga Reddy District dismissing the application to condone the delay of 426 days in preferring the appeal against the judgment and decree in O.S.No.44 of 1986. The contention of the revision petitioner is that the bundle was given for filing of the appeal to the advocate but it was not filed. The lower Court found that there is no proof of the above allegation and accordingly found there is no satisfactory explanation to condone the delay of 426 days. Evidently, there seems to be another suit, which was filed earlier and was dismissed. The rights of the parties in immovable properties are involved and the respondent has also participated in the trial before the lower Court. The respondent also could not seriously dispute about the reasons given by the revision petitioner. The law is now well settled that the Court cannot take hyper-technical view in condonation of the delay and when rights in immovable properties are involved and a lenient view has to be taken by the Courts. Therefore, in view of the above circumstances, I feel the ends of justice would meet by condoning the delay and accordingly the revision petition is allowed and the delay of 426 days is condoned on payment of Rs.1,000/- (Rupees one thousand only) to the advocate on record in the lower Court or deposit in the lower Court within four weeks and after such deposit the lower Court shall number the appeal and proceeding with the same. Accordingly, the Civil Revision Petition is disposed of. No costs. ________________________ N.R.L.NAGESWARA RAO, J 30-04-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 5655 of 2005 DATE: 30-04-2011 MR