IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No.519 of 2011. Date:19.08.2011 Between:- D.Kista Reddy @ Krishna Reddy @ Ramakrishna Reddy ..Appellant/Petitioner And M.Sai Reddy and another. .. Respondents/Respondents JUDGMENT:- This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’) is directed against the order, dated 23.04.2010 in I.A.No.5070 of 2009 in I.A.No.1137 of 2009 in A.S.(S.R.)No.4772 of 2009 on the file of the Principal District Judge, Ranga Reddy District, whereunder and whereby the application, filed under Order IX Rule 9 read with Section 151 C.P.C. to restore I.A.No.1137 of 2009 to its original file by setting aside the dismissal order, dated 23.10.2009, was dismissed. 2. Learned counsel appearing for the appellant/petitioner contended that the respondents, by giving false information, obtained decree; that no reasons were assigned in the impugned order; and hence, he prays to set aside the impugned order and allow the appeal. 3. On the other hand, learned counsel appearing for respondents/respondents contended that no reasons were given by the appellant in the affidavit filed in support of the petition explaining the reasons for the delay; that therefore, the trial Court rightly dismissed the application and there are no grounds to interfere with the impugned order, and hence, he prays to dismiss the appeal. 4. I.A.No.1137 of 2009 filed for condoning the delay of 7811 days in filing the appeal against the judgment, dated 09.11.1987, in O.S.No.473 of 1987 was dismissed for default, as none appeared and no explanation was given in the affidavit filed in support of the petition vide order, dated 23.10.2009. When there is a delay in filing an application, the party must show that he was prevented by sufficient reason or cause. No such reason was assigned in the affidavit filed in support of the petition. In the absence of sufficient reason or cause, the trial Court rightly dismissed the application and the impugned order needs no interference by this Court. 5. Accordingly, the Civil Miscellaneous Appeal is dismissed giving liberty to the appellant/petitioner, if so advised, to file a suit for cancellation of decree subject to law of limitation. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 19th August, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No.519 of 2011. Date:19.08.2011 AMD