THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.2921/2010 Dt,6-8-2010 1. Madagiri (Datla) Subhadra and another ..Petitioners V. 1. Suryadevara Basvayya and others ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.2921/2010 ORAL ORDER The petitioners-plaintiffs filed this revision under Sec.115 of the Code of Civil Procedure aggrieved by the orders of the Principal Senior Civil Judge, Kakinada dt. 18-12-2008 passed in IA No.1126/2007 in OS No.472/2002, whereunder petition filed under Section 5 of the Limitation Act to condone the delay of 11 days in filing the petition under Order 9 Rule 9 CPC to set aside the default order dt. 25-4-2007 passed in OS No. 472/2002 was dismissed. The father of the petitioners-plaintiffs, Datla Venkata Tirupathi Raju, who is also a General Power Attorney holder of the second plaintiff, filed the above application stating that the suit was posted to 25-4-2007 with a condition that the plaintiffs have to begin the trial and since they could not adduce the evidence on that date, the suit was dismissed for default; that he could not attend the court due to communication gap as he was in Delhi; and that there was no willful laches or disobedience on his part. The trial court dismissed IA holding that while disposing of CMA No.4/2003 dt. 15-12-2006, III Additional District Judge, Kakinada directed the trial court to dispose of the suit before the end of April, 2007; that in spite of the said direction, the petitioners did not proceed with the trial; that if the second plaintiff is represented by GPA, what made the first plaintiff not to attend the court and the plaintiffs having taken advantage of the interim orders protracting the trial of the suit on one way or the other. Having regard to the fact that the suit is filed for permanent injunction and the petitioners-plaintiffs obtained temporary injunction, on petitioners/plaintiffs filing their affidavits in lieu of chief-examination within three weeks from the date of receipt of a copy of this order; depositing a sum of Rs.1000/- towards costs with District Legal Services Authority, Kakinada, and making available themselves for cross-examination on the date when the case was posted by the trial court, IA No.1126/2007 is allowed and delay of 11 days in filing petition under Order 9 Rule 9 C.P.C., is condoned; consequently IA filed under Order 9 Rule 9 CPC shall stand allowed restoring the suit to its original file. In default of any of the conditions, as directed above, the revision petition shall stand dismissed. The Civil Revision Petition is accordingly allowed. No costs. ______________ A.GOPAL REDDY,J Dt.6-8-2010 kmr