HON’BLE SRI JUSTICE G.BHAVANI PRASAD CIVIL REVISION PETITION No.320 of 2010 Dated : 18.06.2010 Between : J.Ramchandrudu ….. Petitioner a n d B.Ravi Chander & another ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD CIVIL REVISION PETITION No.320 of 2010 ORDER: Heard Sri B.Vijaysen Reddy, learned counsel for the revision petitioner, and Sri G.Sashidhar, learned counsel for the respondents. This revision is directed against the order passed in I.A.No.418 of 2009 in O.S.No.116 of 2008 on the file of the Special Judge for trial of offences under SC & ST (POA) Act, 1989-cum-V Additional District and Sessions Judge, Medak at Sangareddy, on 10.11.2009 dismissing the petition under Section 5 of the Limitation Act seeking to condone the delay of 59 days in filing the petition to set aside the ex parte decree in the suit on the ground that the written statement filed by the revision petitioner in O.S.No.1211 of 2008 before the District Judge, Ranga Reddy, on 04.06.2009 disclosed knowledge of the revision petitioner about the suit after which there was a further delay of 50 days in filing this petition. The revision petitioner challenges the said order on the ground that reasonable and proper explanation was given for the delay by the revision petitioner, which was not properly appreciated. The fact that the suit is for specific performance, which affects the substantial interest of the revision petitioner in the suit property if the delay is not condoned, is also relied on. It is seen from the copy of the written statement in O.S.No.1211 of 2008 filed by the present revision petitioner before the Court of District Judge, Ranga Reddy, that it was filed into Court on 04.06.2009 and it bears the seal of the Court about having been received on the same day with SR No.7812 of 2009. The written statement specifically referred to the suit filed by the respondents herein before the V Additional District Judge, Medak at Sanga Reddy, in respect of land of 0.20 gunts in survey No.147 of Kollur. Though the suit number was given as O.S.No.655 of 2008, the land of 0.20 guntas in survey No.147 of Kollur is the subject matter of O.S.No.116 of 2008 in which an ex parte decree was passed against the revision petitioner on 23.04.2009. The revision petitioner, who was set ex parte on 07.04.2009, obviously had knowledge of the suit in O.S.No.116 of 2008 at least by 04.06.2009 when the written statement was filed in O.S.No.116 of 2008 and as rightly observed by the trial Court, the further delay of 50 days thereafter was totally unexplained in the affidavit filed in support of the petition. The fact that substituted service was ordered against the revision petitioner in the suit before setting him ex parte will not enure for his benefit in any manner when the knowledge about the suit is evidenced from his own written statement in the other matter. As the claim of ignorance about the suit till 21.07.2009 is falsified by the written statement in O.S.No.1211 of 2008, dismissal of the petition by the trial Court cannot be considered perverse or unreasonable in any manner and in a restricted consideration by this Court, the same cannot be interfered with. Accordingly, the civil revision petition is dismissed without costs. ______________________ G.BHAVANI PRASAD, J 18th June, 2010 SUR