HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION Nos.5 & 7 of 2025 COMMMON ORDER Heard Sri Tangeda Dayananda Rao, learned counsel for the petitioner - plaintiff and Sri N. Naveen Kumar, learned counsel for the respondent - defendant. Perused the record.

2. The petitioner herein had filed a suit vide O.S.No.95 of 2016 against the respondent herein for perpetual injunction restraining him and his agents etc., from interfering with his possession over the suit schedule property. The said suit was decreed on 27.02.2017 ex parte. Therefore, the respondent herein had filed two applications i.e., I.A.No.839 of 2022 under Section 5 of the Limitation Act to condone the delay of 1979 days from 28.02.2017 to 29.07.2022 in filing petition under Order IX Rule 13 C.P.C to set-aside the ex parte decree and I.A.No.712 of 2022 under Order IX Rule 13 C.P.C to set-aside the ex parte decree and judgment dated

27.02.2017 contending as follows:

(i) He is diagnosed with CAD-Usnstable Angina, LBBB, CAG-SVD (LAD) (27/4/21) and planned for PTCA to LAD with 1 DES and seriously fell-ill. He was advised to take bed rest.

(ii) He was aged 75 years as on the said date.

(iii) Apart from the aforesaid ailments,