THE HONOURABLE SRI JUSTICE N.V. RAMANA Civil Revision Petition No.3415 of 2008 ORDER: This civil revision petition, under Section 115 of the Code of Civil Procedure, is directed against the order dated 23.04.2008 passed in I.A.No.13 of 2006 in O.S.No.314 of 1997 on the file of the II Additional Senior Civil Judge’s Court, Ranga Reddy District, whereunder the petition filed by the respondents 1 and 2 herein, defendants 1 and 2 in the suit, praying to condone the delay of 495 days in filing the petition for setting aside the ex parte decree dated 23.07.2004 passed in the said suit, was allowed subject to payment of costs of Rs.300/-. Brief facts of the case are that the petitioners herein filed the suit O.S.No.314 of 1997 before the Court below, for specific performance of agreement of sale dated 21.08.1996, against the respondents herein, and the same was decreed ex parte on 23.07.2004. The respondents 1 and 2 herein, defendants 1 and 2 in the suit, sought to file a petition under Order 9 Rule 13 of the Code of Civil Procedure, seeking to set aside the said ex parte decree dated 23.07.2004, but however, as there was a delay of 495 days in filing the said petition, they filed the present I.A. seeking to condone the said delay of 495 days. It was their case that they were not aware of the suit proceedings, as the summons were not served on them, and on receipt of notice in E.P. only, they came to know about the ex parte decree dated 23.07.2004 passed in the suit. The petitioners-plaintiffs resisted the petition, by filing counter-affidavit, and they contended that the defendants 1 and 2, having been served with the summons in the suit, deliberately did not appear before the Court and the delay was not satisfactorily explained. The Court below, after detailed consideration of the matter, allowed the present I.A. subject to payment of costs of Rs.300/-. Aggrieved thereby, the present civil revision petition is filed by the petitioners, plaintiffs in the suit. Heard the learned counsel on record and perused the impugned order and other material available on record. Though the delay was not satisfactorily explained, as contended by the petitioners herein, with a view to provide an opportunity to the defendants 1 and 2 to contest the suit and for deciding the suit on merits, the Court below has rightly allowed the present I.A., by the order under revision, and I see no reason whatsoever to interfere therewith. The civil revision petition is, therefore, dismissed without costs. However, the Court below shall dispose of the suit as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order, without adjourning the matter at the instance of the parties. _________________ JUSTICE N.V. RAMANA 25th January, 2010 IBL