IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO CIVIL REVISION PETITION No.427 OF 2008 Between: Mohd. Jahangeer Ali and another. - - - Petitioners/ Defendants 2 and 3. AND Hakeem Badrinath and three others. - - - Respondents/ Plaintiffs. The Court made the following: THE HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.427 OF 2008 ORDER: This Civil Revision Petition is filed against the order passed in I.A. No.214 of 2007 to restore I.A. No.70 of 2006, which is an application filed to set aside the ex parte decree passed in O.S. No.26 of 2003. The learned Senior Civil Judge, Nagerkurnool, by his order dated 29-09-2007 has dismissed the application. 2. The counsel for the petitioners submits that due to delay in transport and personal inconvenience, he could not attend the Court on the date of hearing of I.A. No.70 of 2006, but however, the counsel for the respondents-plaintiffs represents that there is nothing to be tried by the Court since, the sale deed has been executed and possession was also delivered to the plaintiffs. 3. However, as the matter stand thus, an ex parte decree said to have been passed where rights in immovable property affecting the parties are involved. Therefore, an opportunity should be given to the petitioners and the merits of a genuine cause for setting aside the ex parte decree in I.A. No.70 of 2006 is to be issued. 4. Therefore, in view of the above circumstances, the order of the lower Court is set aside and I.A. No.214 f 2007 is allowed on payment of costs of Rs.1,000/- to the counsel for the respondents, within one week from the date of receipt of a copy of this order and thereafter the lower Court is directed to restore I.A. No.70 of 2006 and dispose of the same on merits. There shall be no costs. ________________________ N.R.L. NAGESWARA RAO, J. Dt.14-12-2010. DSH