THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.3919 of 2011 DT.23.12.2011 Between: Vuda Nagabhushanamma … Petitioner And Vuda Pitchamma … Respondent Counsel for the Petitioner: Sri Sravan Kumar Mannava Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.3919 of 2011 O R D E R: The petitioner herein filed this revision assailing the order dated 24-2- 2010 in I.A.No.5335 of 2010 in unnumbered Appeal Suit of 2010, on the file of The District Judge, Guntur. It appears that the petitioner suffered a decree partly in O.S.No.120/2004, on the file of Principal Junior Civil Judge, Sattenapalli dated 31-5-2010 filed by the respondent herein seeking permanent injunction in respect of items 1,2,4 and 5 of the suit schedule property and insofar as item No.3 is concerned the suit was dismissed. The application for certified copy was filed on 3-7-2010 and the certified copy was made ready on 7-7- 2010, but the appeal was filed on 9-11-2010 along with an application in I.A.No.5335 of 2010 under Section 5 of the Limitation Act to condone the delay of 158 days. The reason stated by the petitioner for condonation of delay in paragraph 2 of the affidavit filed under Section 139 of the Code of Civil Procedure reads as follows: “2. The respondent plaintiff filed about suit against me for permanent injunction in respect of items 1 to 5. After hearing of the both sides the Hon’ble Court decreed the suit in respect of items 1, 2, 4 and 5 and dismiss the suit in respect of item 3. Against the decree and judgment passed by the Hon’ble Court I have prefer this appeal before this Hon’ble Court. I am aged woman and I am not in the village and left the village for my livelihood. I came to know 2 days back only that the suit filed by the respondent/plaintiff was allowed by the Hon’ble Court partly. Immediately after came to know the said fact I am filing this appeal along with condone the delay of 131 days. I have got good chance to succeed the matter. If the delay is not condone I will be put serious loss. There is wilful negligence on my part in filing the appeal within time. Under the above circumstances it is just and necessary to grant reliable prayed for.” From the aforesaid paragraph it is clear that the petitioner has failed to show why she has not filed the appeal immediately after obtaining the certified copy on 7-7-2010 till 9-11-2010 i.e., for a period of 4 months. Even assuming that she was not in the village and left for her livelihood, it is not stated when she came back and why she could not file the appeal even after obtaining the certified copy. No cause has been shown why she has not filed the appeal immediately after obtaining the certified copy on 7-7-2010. Therefore, I am of the opinion that the lower appellate Court rightly refused to condone the delay. I do not see any merits in the revision and the same is accordingly dismissed at the admission stage. No costs. ______________ V. ESWARAIAH,J DATE: 23-12-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.3919 of 2011 DATE: 23-12-2011