THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.2840 OF 2010 ORDER The revision is filed against the order dated 11-02-2010 of the Principal Senior Civil Judge, Ranga Reddy District in I.A.No.292 of 1999 in O.S.No.27 of 1990 condoning the delay of 89 days in filing an application for setting aside the ex parte decree. According to the counsel for revision petitioners, no notice was served but however the counsel for the respondents represents that in the L.R. petition itself notice was served and the application to bring them as Legal Representatives was allowed. As can be seen from the order of the lower court, respondent Nos.3 to 5 are said to have been represented by a counsel and 2nd respondent remained ex parte. There was said to be no representation for respondent Nos. 3 to 5 and they were set ex parte. From the brief order of the lower court, it does not show that notice was not served on respondent Nos.3 to 5. However, as matter stands the application which was allowed is only for condonation of delay in filing an application to set aside the ex parte order. Rights of the parties in immovable properties are involved and it is not as so that at the early point of time there were laches of the defendants in not prosecuting the case since written statement was filed and a counsel was also represented. Therefore, the law being that rights in immovable properties shall not be decided in an ex parte without giving any opportunity and the condonation of delay in such cases to be liberal. The order of the lower court does not suffer from any infirmity. But, however, all the objections with regard to tenability of the application and grounds for setting aside the ex parte decree shall be determined by the lower court and the revision petitioners can canvass all the objections for setting aside the ex parte decree. The lower court shall decide after hearing both sides as to whether the decree shall be set aside and whether there are sufficient grounds or not in setting aside the ex parte decree and not to take into consideration the mere fact that the delay in filing the petition to set aside the ex parte decree is filed. With the above observation, the Civil Revision Petition is disposed of. No order as to costs. _______________________ N.R.L.NAGESWARA RAO,J 11-03-2011 TSNR