THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.4393 OF 2009 ORDER: The petitioner-defendant filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the order dated 10.08.2009 passed in I.A.No.1077 of 2007 in O.S.No.102 of 2005 on the file of the Junior Civil Judge, Giddalur, in dismissing the petition filed under Section 5 of the Limitation Act, 1963, seeking to condone the delay of 516 days in filing the petition to set aside ex parte decree dated 08.12.2005. Admittedly, the suit is one for money and having regard to the absence of the petitioner-defendant; the Court below decreed the suit ex parte on 08.12.2005. Thereafter, the present application has been filed to condone the delay in filing set aside petition. The Court below did not find favour with the request of the petitioner and dismissed the said application. Hence, the revision. As seen from the record, as per the order dated 26.10.2009, this Court granted interim stay subject to the petitioner depositing 3/4th of the decretal amount including costs. It is now represented that the said amount has already been deposited and the respondent has also withdrawn half of the said amount. In view of the same, it is felt desirable that an opportunity should be given to the petitioner-defendant to contest his case. Accordingly, the Civil Revision Petition is allowed and the order dated 10.08.2009 is set aside. I.A.No.1077 of 2007 is allowed and the ex parte order dated 08.12.2005 is set aside. Consequently, the application filed to set aside the ex parte decree is also allowed. The Court below is directed to dispose of the suit in accordance with law, as expeditiously as possible, after giving notice and opportunity to both the sides. No costs. It is made clear that in case the petitioner has not deposited the amount till now, he is permitted to deposit the same within a period of four {4} weeks from today. On such deposit, the respondent is entitled to withdraw half of the said amount, without furnishing any security. _________________ (B.PRAKASH RAO, J) 10th February 2011 RRB