THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.1331 OF 2011 O R D E R: The Civil Revision Petition is filed against the Order in I.A.No.600 of 2010 in A.S.No.28 of 2006 on the file of VI Additional District Judge, Visakhapatnam, where-under the application to condone the delay in filing the application for restoration of the appeal A.S.No.28 of 2006, which was dismissed for default, was dismissed. 2. The application shows there is a delay of 256 days in filing the application for restoration of the appeal and the same was dismissed on 16.07.2009. The petitioner has stated that due to her illness and also family engagements, she could not attend to the hearing of the appeal. The lower Court found that on 16.07.2009 when the matter was posted on payment of costs, as there was no representation, the appeal was dismissed. The lower Court found that the delay is not properly explained and therefore, dismissed the application. Evidently, the presence of the party on the date of hearing of the appeal, is generally not necessary, but somehow there seems to be absence on the part of the counsel for the petitioner in making the representation. The learned counsel for the petitioner did not report no instructions also before the lower Court on behalf of the appellant so as to put the blame exclusively on the appellant. 3. Therefore, in view of the above circumstances and inasmuch as the rights in the immovable property are involved and as the Court has to take liberal view in condonation of the delay, I feel an opportunity should be given to the appellant to canvas the correctness of the judgment of the lower Court and the delay is therefore condoned on payment of Rs.500/- and the amount shall be paid to the learned counsel for the respondents. 4. Accordingly, Civil Revision Petition is allowed by setting aside the order of the lower Court and the delay is condoned. The lower Court is directed to number the application for restoration of the appeal, restore the same and dispose of the appeal within three months from the date of this order. Each party shall bear their own costs. _________________________ N.R.L. NAGESWARA RAO, J Date: 20-07-2011. INL