HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5045 OF 2009 ORDER: This civil revision petition is directed against the order dated 05-08-2009 in I.A.No.2466 of 2007 in I.A.No.423 of 2007 in an unnumbered first appeal on the file of the District Judge, Vizianagaram, wherein the said application filed under Section 5 of the Limitation Act to condone the delay of 46 days in filing I.A.No.423 of 2007 for restitution of the first appeal, was dismissed. 2. Heard the learned counsel for the petitioners. None appeared for the respondents, through served with notices. Perused the record. 3. The petitioners herein are defendants in the suit. The suit was filed by the respondents/plaintiffs for recovery of certain amount due on mortgage decree. The suit was decreed for a sum of Rs.4,19,647/-. Aggrieved by the same, the petitioners filed first appeal before the learned District Judge. As there was a delay of 52 days in filing the appeal, the petitioners filed I.A.No.423 of 2007 for condoning the same. The said application was allowed to subject to the condition that the petitioners shall deposit Rs.200/- to the District Legal Services Authority. The said amount was not deposited. Hence, I.A.No.423 of 2007 was dismissed. The petitioners filed I.A.No.2466 of 2007 for restoration. By the impugned order, dated 05-08-2009, the said application was dismissed, observing that the petition was filed only to protract the litigation and there are no bona fides. According to the petitioners, they could not pay the amount of costs as they went to Raipur for the appellants’ daughter’s marriage. 4. Be that as it may, as the petitioners have suffered a decree and they intend to challenge the same by way of an appeal and the delay of 52 days in filing the appeal having, in fact, been condoned subject to payment of costs of Rs.200/-, which costs they did not pay, it is considered that an opportunity can be granted to the petitioners to pay the said amount and have the appeal disposed of on merits. 5. In the circumstances, it is considered that the ends of justice would be met by permitting the petitioners to deposit the costs of Rs.200/-, already ordered by the learned District Judge, within four weeks from today to the District Legal Services Authority and on such deposit, the delay in filing the appeal would stand condoned. 6. In the result, the civil revision petition is disposed of accordingly. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 29th December, 2009 Lrkm. IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5045 OF 2009 Between:- Soudaghar Majhar Begum and others …Petitioners A n d Konathala Jagannadha Rao and another …Respondents