THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2520 OF 2011 04.11.2011 Between: Kondamuri Veera Raghavanaidu …Petitioner AND Life Insurance Corporation of India …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2520 OF 2011 ORDER: The respondent instituted O.S.No.18 of 2002 for recovery of money based on mortgage. The trial Court passed preliminary decree on 08.08.2008. The petitioner who is sole defendant in the suit filed A.S.No.273 of 2008 on the file of the Court of the IV Additional District Judge, Kakinada. The first appeal was dismissed for default on 19.07.2010. The petitioner then filed I.A.No.1435 of 2010 to condone the delay of 16 days in filing the application to set aside the order dismissing the appeal for default. By impugned order, dated 15.04.2011, the application having been dismissed, the present civil revision petition is filed. This Court heard the counsel for petitioner Sri Ch.Dhanamjaya, and Sri A.V.S.Rama Krishna, standing counsel for Life Insurance Corporation of India (LIC of India). In the affidavit filed in support of the application to condone the delay, the petitioner alleged that he came to know about the dismissal of the appeal through a notice dated 02.08.2010 issued by the respondent and immediately he could not contact his counsel, who is from Prathipadu, and therefore, the delay occurred. This reasoning did not find favour with the Court below. A perusal of the impugned order would show that the Court below did not totally disbelieve the version of the petitioner that his lawyer is from Prathipadu and he could not contact him in time. In that view of the matter, it is a fit case to condone the delay on terms. The civil revision petition is accordingly allowed. I.A.No.1435 of 2010 for condonation of delay in filing the application to set aside the order dismissing the appeal for default stands allowed on condition of the petitioner paying a sum of Rs.1,000/- to Sri A.V.S.Rama Krishna, standing counsel for LIC of India. _______________ (V.V.S.RAO, J) 04.11.2011 Pln Note: Sri Ch.Dhanamjaya, counsel for petitioner has paid a sum of Rs.1,000/- to Sri A.V.S.Rama Krishna, in the Court.