THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.NO. 3666 OF 2007 Date of Judgment: 18.2.2011 Between: Kandimalla Mallikarjuna Rao …Petitioner and Dhulipalla Rama Govindu ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.NO. 3666 OF 2007 ORDER: Petitioner is the defendant in OS No. 271 of 2005 on the file of Prl. Junior Civil Judge’s Court, Addanki. The respondent/plaintiff filed the aforesaid suit and vide final orders of the trial Court in IA No. 1470 of 2005 dated 24.4.2006 temporary injunction was granted in favour of the plaintiff. Aggrieved thereby, the petitioner/defendant preferred an appeal before the lower appellate court along with an application seeking condonation of delay of 43 days in filing the said appeal. The said application was dismissed by the lower appellate court under the impugned order. Hence this revision. Heard learned counsel appearing on either side. The revision petition was admitted on 30.8.2007, but there was no interim order in favour of the petitioner. The only reason given by the petitioner to explain the delay in filing the appeal is that the orders of the trial Court dated 24.4.2006 were not informed to him by his counsel. The delay apparently is very marginal, but the lower appellate court has taken a strict view and rejected the said application on the ground that the petitioner has failed to explain every day’s delay. In view of the fact that the counter filed by the respondent/plaintiff describing the said delay as abnormal, it has apparently weighed with the lower appellate court. Since a valuable right of appeal was denied to the petitioner, I am of the view that the lower appellate court should have taken a more liberal view to advance the interest of justice. I am, therefore, inclined to condone the delay. On the last occasion, I had adjourned this revision petition to enable the learned counsel for the petitioner to get instructions as to the stage of the suit. I am now informed that the suit is ripe for trial. The learned counsel for the petitioner, however, on instructions, submits that the petitioner/defendant is keen on prosecuting the appeal. Thus, instead of directing the disposal of the suit expeditiously, as the petitioner seeks to proceed with the civil miscellaneous appeal, the impugned order is set aside and the delay in filing civil miscellaneous appeal is condoned on payment of costs of Rs.1,000/- (Rupees One Thousand only) payable to the respondent/plaintiff within four weeks from today. On such payment, the lower appellate court shall hear and determine the civil miscellaneous appeal on merits in accordance with law. The revision petition is accordingly allowed. _________________________ VILAS V. AFZULPURKAR, J Dt. 18.2.2011 KR