THE HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P.No.737 of 2009 ORDER: The petitioners herein, who are third parties to the suit filed a claim petition E.A.No.193/08 in E.A.No.393/99 in E.P.No.80/99 in O.S.No.257/83 on the file of the Principal Senior Civil Judge, Narasaraopet. The court below, vide its order, dated 22-01-2009, dismissed the said E.A. Aggrieved by the same, the present Civil Revision Petition is filed. The respondents herein are the plaintiffs, who filed the suit in O.S.No.257 of 1983 for specific performance, which was decreed against the defendant therein. For execution of the said decree, the respondents herein filed E.P.No.80 of 99. It is stated that as the delivery of possession was obstructed, claiming title to the suit property the petitioners herein filed claim petition E.A.No.393 of 99. The said claim petition was dismissed for default on 21-11-2008. To set aside the default order and to restore the said E.A., the petitioners herein filed E.A.No.193/08 on 17-12-2008 i.e., within one month from the date of dismissal of the default order. E.A.No.193/08 was dismissed by the impugned order. Aggrieved thereby, the present Civil Revision Petition is filed. While considering the restoration application, the trial court not only held that the petitioners were not diligent and that they were not ready, but also held that there are no merits in the application. I am of the opinion that while considering the restoration application it is just and proper to go into the merits of the case as to whether any grounds have been made out for restoration of the claim petition. As the restoration application was filed within the prescribed time and also having regard to the facts and circumstances of the case, I am of the opinion that it is just and proper to set aside the impugned order, without expressing any opinion on the merits of the case, in order to resolve the controversy with regard to the claim of the petitioners in the main claim petition. Accordingly, the Civil Revision Petition is allowed, setting aside the impugned order, subject to payment of costs of Rs.5,000/- (Rupees five thousand only) to the plaintiffs by way of D.D. within three weeks from today and the parties shall appear before the court below on 18-07- 2011, and on such appearance of both the parties, the trial Judge shall consider and dispose of the claim petition without considering the request of either of the parties for any adjournment and shall dispose of the same within six weeks thereafter. There shall be no order as to costs. __________ 24-06-2011 Prv