THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 4700 OF 2010 DATE: 2.9.2011 BETWEEN: Peyela Moshe and another petitioners And Challa John Paul Respondent Counsel for the petitioner : Sri J Prabhakar Counsel for the respondent: Sri K.R.R. Krishna Sharma The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 4700 OF 2010 ORDER: This revision is filed questioning the order dated 18.8.2010 in I.A. No. 1705 of 2010 in Appeal CFR No. 873 of 2010 on the file of the Principal District Judge, Guntur, dismissing the application filed under Order 41 Rule 3- A of CPC and Section 5 of the Limitation Act to condone the delay of 96 days in preferring the appeal against the judgment and decree dated 3.9.2009 in O.S. No. 450 of 2008 on the file of the II Additional Civil Judge, Guntur. The petitioners herein are defendants. The plaintiff-respondent herein filed a suit in O.S. No. 450 of 2008 on the file of the II Additional Junior Civil Judge, Guntur for recovery of possession of 16 square yards of site and for costs. The said suit was decreed by judgment dated 30.9.2009 and questioning the same, the petitioner herein filed an appeal with an application for condonation of delay of 96 days. The lower Appellate Court by its order dated 18.8.2010 declined to condone the delay and dismissed the said application. Hence, the present revision. The learned counsel for petitioner submitted that the petitioners have properly explained the delay inasmuch the first petitioner suffered with Chiken Gunia fever and the second petitioner being his son was attending to him, as such they could not prefer the appeal in time and the court below ought to have condoned the delay subject to certain conditions. Heard both sides and perused the material available on record. Though the delay was not properly explained, having regard to the facts and circumstances of the case, the Court below ought to have condoned the delay subject to certain terms and this Court deems it fit to condone the delay on condition of payment of costs of Rs.1000/- (Rupees one thousand only) to the learned counsel for respondent herein. Both the counsel agreed for the same and learned counsel for petitioner paid the costs of Rs.1000/- in the Court and the same was accepted by the learned counsel for respondent. In the result, the order dated 18.9.2010 in I A No. 1705 of 2010 is set aside and the delay of 96 days in preferring the appeal is condoned. Accordingly, the revision is allowed. No costs. ______________ V ESWARAIAH,J DATE: 2.9.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 4700 OF 2010 DATE:2.9.2011