HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.1650 OF 2008 Dt.23.12.2010 Between: Patibandla Sridevi ..Petitioner And M.Vara Lakshmi and others ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.1650 OF 2008 ORDER: Heard both the counsel. Petitioner herein is the wife of late M.Sankara Rao, who committed suicide on 25.1.2002 while he was in service as Circle Inspector in the Police Department. Pursuant to her application for compassionate appointment, she was appointed as Junior Assistant in Government Railway Police, Vijayawada and also sanctioned family pension and other benefits. The 1st respondent claiming to be the wife of late Sankara Rao lodged a claim for payment of death benefits before the Department and pursuant to the said complaint a memo was issued to the petitioner to obtain Succession Certificate for settlement of death benefits. Therefore, she filed S.O.P.No.1526 of 2003 on the file of the Judge, Family Court, Visakhapatnam for Succession Certificate. In the said O.P counter was also filed by the 1st respondent and the petitioner filed chief examination. When the matter was posted on 15.5.2007 for enquiry, the petitioner could not appear on that day and the same was dismissed for default. Therefore, petitioner filed I.A.No.507 of 2007 under Section 5 of the Limitation Act seeking condonation of delay of 41 days in filing the application to set aside the default order dated 15.5.2007. The court below by impugned order dated 4.2.2008 dismissed the said application. Aggrieved by the same, this civil revision petition is filed. Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner in her affidavit sufficiently explained the delay by giving cogent reasons. But the court below without considering the said application erroneously dismissed the same. Having regard to the facts and circumstances of the case, the delay is condoned and the impugned order is set aside. The civil revision petition is accordingly allowed. No order as to costs. _________________ V.ESWARAIAH, J. 23.12.2010 kpr