HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.3867 OF 2011 ORDER: The respondents filed O.S. No.222 of 2008 in the court of the Principal Junior Civil Judge, Chirala, against the petitioners for the relief of perpetual injunction in respect of the suit schedule property. They were set ex parte on 16-12-2008. I.A. No.65 of 2009 was filed with a prayer to set aside the order, dated 16-12-2008. The I.A. was allowed subject to payment of costs of Rs.200/- on or before 29-04- 2009. Since the petitioner did not pay the amount within the stipulated time, I.A. No.65 of 2009 stood dismissed. The trial Court proceeded further and decreed the suit ex parte on 03-06-2009. 2. The petitioners filed an application under Rule – 13 of Order – IX CPC to set aside the ex parte decree. Since there was delay of 101 days in filing that application, they filed I.A. No.1695 of 2010. 3. The respondents opposed the application. 4. The trial Court dismissed I.A. No.1695 of 2009 through order, dated 06-06-2011. Hence, this revision petition. 5. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 6. A minor lapse on the part of the petitioners in appearing before the Court on 16-12-2008 led to several consequences. They were initially set ex parte on 16-12-2008. The trial Court has shown indulgence when they filed I.A. No.65 of 2009 and set aside that order on condition of payment of costs of Rs.200/- by 29-04-2009. That condition, however, was not complied with. That, naturally, led to the dismissal of I.A. No.65 of 2009 and decreeing of the suit on 03-06- 2009 as ex parte. 7. In the affidavit, filed in support of the I.A., the petitioners stated the reasons on account of which they could not present the application to set aside the ex parte decree within time. This Court is of the view that the petitioners deserve to be given an opportunity to contest the suit. 8. It cannot be said that there was undue delay on the part of the respondents or that they are guilty of indifference. The delay can be condoned by imposing costs of Rs.1,000/- Further, the reasons that weigh the Trial Court for condonation of delay would hold good for setting aside the ex parte decree. 9. Hence, the Civil Revision Petition is allowed and the order under revision is set aside. The delay is condoned on payment of Rs.1,000/-, which the learned counsel for the petitioners has paid across the Bar to the learned counsel for the respondents. As a result, the application filed for setting aside the ex parte decree also stands allowed and the ex parte decree, dated 03-06-2009 is set aside. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J October 20, 2011. KTL