( 1 ) THIS application under section 5 of the Indian Limitation act, 1963 by the Special Deputy Collector, Hyderabad is to condone the delay of 177 days in filing the C. C. C. A. Sr. No. 50292/71 against the judgment of the Chief Judge, City Civil Court, Hyderabad in O. P. No. 260/28 enhancing the compensation in respect of land comprised in S. No. 616 admeasuring Ac. 9-31 Guntas situated at Malkajgiri Taluk, East Hyderabad district from Rs. 500. 00 per Acre to Rs. 5. 00 per Sq. Yard.

( 2 ) WE are not concerned in this application with the respective merits of the parties relating to the value of the property acquired. The short point for our decision is whether the petitioner had sufficient cause for not preferring the appeal till 8. 12. 1971. Mr. Ramachandra Reddy, the learned counsel appearing on behalf of the Principal Government pleader contends that the delay of 177 days in the filing of the appeal was not due to any negligence on the part of the petitioner but due to the circumstances stated in the affidavit and the additional affidavit filed in support of this application. According to the counsel, the delay was only bona fide and the same should, therefore, be