THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 3513 of 2008 Date of order: 17.6.2010 Between: Yadigir Uma Maheswara Rao …Petitioner and Alla Amaralingam and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 3513 of 2008 ORDER: Heard learned counsel for the petitioner. An application seeking condonation of dealy of 997 days in filing an appeal against the order in IP No. 32 of 1997 on the file of the Addl. Senior Civil Judge, Guntur, was dismissed by the lower appellate Court under the impugned order, dated 24.3.2008. Aggrieved thereby, this revision petition is filed. The petitioner herein was one of the respondents in IP No. 32 of 1997. He engaged a counsel and filed a counter, however later on he did not make his appearance and allowed the IP to get decided on merits. Consequently the IP was allowed. It is the case of the petitioner that there was an agreement with the first respondent that the latter was withdrawing the IP and believing the said promise the petitioner kept quiet for more than three years and did not pursue the IP and later he came to know of the IP having been allowed. Therefore, he has filed the present application for condonation of delay in filing an appeal against the order in IP. The lower appellate court, under the impugned order, found that the petitioner is unable to substantiate any ground in support of the condonation of delay and the basic averment of the petitioner that he believed the first respondent that he would withdraw the IP was found to be improbable. After going through the order of the lower appellate court and considering the affidavit averments and the counter, I am unable to find any error which warrants correction by this Court under Section 115 of the Code of Civil Procedure. The revision petition is without any merits and it is accordingly dismissed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 17.6.2010 KR