THE HONOURABLE SRI JUSTICE V.ESWARAIAH C.R.P.No.5357 of 2011 O R D E R: The petitioner is the defendant in the suit O.S.No.349 of 2007, on the file of the Principal Senior Civil Judge, Guntur filed for recovery of money which was allowed by the Judgment and Decree dated 15-09-2009. Aggrieved by the same, the petitioner herein filed appeal before the learned District Judge, Guntur along with an application in I.A.No.286 of 2010 under Section 5 of the Limitation Act in an unnumbered Appeal Suit to condone the delay of 80 days in preferring the appeal. The said application was dismissed. Aggrieved by the same, this revision is filed. Heard both the counsel. The reasons stated by the petitioner herein the affidavit filed in support of the application filed under Section 5 of the Limitation Act to condone the delay of 80 days is that she has been suffering from Malaria fever and was bed ridden from 9-11-2009 to 10-01-2010, and therefore, she could not instruct her counsel to file the appeal, and in the process, the delay of 80 days occurred in filing the appeal. Having regard to the facts and circumstances, I am of the opinion that it is just and proper to condone the delay of 80 days in filing the appeal subject to the condition the petitioner herein deposits suit costs to the credit of the suit, within four weeks from today, and on such deposit, the respondent herein is permitted to withdraw the same without furnishing any security. Accordingly, the revision is allowed and the impugned order dated 22-4-2010 is set aside. No costs. ___________________ V.ESWARAIAH, J Dated: 09-12-2011 grk Note: Furnish CC By Monday i.e., 12-12-2011. grk THE HONOURABLE SRI JUSTICE V.ESWARAIAH C.R.P.No.5357 of 2011 Dated: 09-12-2011