THE HON'BLE MR JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION Nos.32 and 38 of 2011 COMMON ORDER Since both these revisions arise out of the common order passed in the interlocutory applications, they are being taken up together for disposal by this common order. 2. The brief facts are that the marriage between the petitioner and the respondent was solemnized on 14.12.2006 at Tenali. After marriage, they went to USA. Out of their wedlock, a son, by name Harshal, was born. When the disputes arose between them, the respondent returned to India along with her son. She filed GWOP No.1111 of 2010 on the file of the Principal District Judge, Guntur, seeking to declare her as natural guardian to the minor son Harshal, aged 14 months, for a period of at least five years for safe custody and possession. It is stated that as the petitioner is staying at USA, his father was appointed as his GPA Holder. When the said O.P. and I.A.No.2882 of 2010 were posted for counters on 02.11.2010, there was no representation on behalf of the petitioner and he remained ex parte. For setting aside the said ex parte order, the petitioner represented by his GPA holder filed I.A.Nos.5320 and 5321 of 2010 under Order IX Rule VII read with Section 151 CPC. By common order, dated 28.12.2010, the Court below dismissed both the I.As. Hence, both these revisions. 3. Heard both sides at length and perused the material on record. 4. Learned counsel or the petitioner submitted that as the back tyre of the motorcycle of the father of the petitioner was punctured, and there was no facility to get it repaired, he was unable to attend the Court on 02.11.2010 and as such there was no willful default on his part and that the Court below without considering the said aspect, dismissed both the I.As. He contended that though the Advocates at Guntur are abstaining from attending the Courts because of agitation launched by the Bar Associations of entire Coastal belt, the Court below ought not to have dismissed the I.As without giving an opportunity to the petitioner. He further contended that when once the father of the petitioner signed on Vakalat and the same was accepted by the Court below, he was declared as GPA holder and that the respondent received all the copies including the copy of GPA filed in the writ petition. Thus, he prays to set aside the common order impugned. 5. On the other hand, the learned counsel for the respondent contended that as the copy of GPA is not served on the respondent, the father of the petitioner is not entitled to file counters in I.A.No.2882 of 2010 as well as in the main O.P. He further contended that the father of the petitioner in his affidavits stated the reason about the breakdown of his motorcycle on 02.11.2010, whereas in W.P.No.27910 of 2010, he stated that the Advocates in Guntur did not attend the Court work on 02.11.2010. From this, it is clear that he mentioned two different reasons for his default on the said date. 6. Admittedly, as on the date of the order impugned, the counsel appearing for the parties were absent since Advocates at Guntur are abstaining from attending the Courts because of the agitation for establishment of High Court Bench between Guntur and Vijayawada. Since both the petitions are filed for setting aside the ex parte orders passed on 02.11.2010, for non-appearance of the Advocates, the parties should not suffer. Therefore, without going into the merits of the matter, I deem it appropriate that an opportunity should be given to the petitioner to contest the matter on merits. 7. Accordingly, both the Civil Revision Petitions are allowed, setting aside the common order impugned. Consequently, I.A.Nos.5320 and 5321 of 2010 are allowed. However, the trial Court is directed to dispose of I.A.No.2882 of 2010 and GWOP No.1111 of 2010 on merits in accordance with law, expeditiously, within a period of four weeks from the date of receipt of a copy of this order, taking into account Rule 32(2) of Andhra Pradesh Civil Rules of Practice. No costs. _____________________ GHULAM MOHAMMED, J Date:04.03.2011 sj