THE HON’BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NO.4421 OF 2010 O R D E R The petitioners herein are the defendants in the suit in O.S.No.946/2010 filed by the respondent on the file of Principal Junior Civil Judge at Karimnagar, for recovery of the money. The defendants were set ex parte and ex parte decree was passed on 4.2.2010. As there was delay of 173 days in filing the petition under Order 9 Rule 13 C.P.C. to set aside the ex parte, the petitioners filed the present petition in I.A.No.946/2010 in O.S.No.441/2008 to condone the delay and to set aside the ex parte decree. By the impugned order and decree dated 6.9.2010, the said I.A. was dismissed. Challenging the same, the present revision is filed. 2. The learned counsel for the petitioners submitted that the court below has not considered the reasons stated in the affidavit for condoning the delay and passed the impugned order and hence the same is liable to be set aside. 3. Though notice is served, there was no representation for the respondent and hence its name was directed to be printed in the cause list. Thereafter, the matter underwent several adjournments and there is no representation. Therefore, the matter is taken up for disposal. 4. Having regard to the averments made by the petitioners in the affidavit filed in support of the delay condone petition and in order to do substantial justice, I feel it appropriate to condone the delay by imposing costs. 5. Accordingly, the delay of 173 days in filing the petition under Order 9 Rule 13 of C.P.C. to set aside the ex parte decree, is condoned subject to payment of Rs.1,500/- (Rupees one thousand five hundred only) to the respondent within a period of two weeks from the date of receipt of a copy of this order. In case of default, the impugned order stands. 6. With the above direction, the revision petition is allowed by setting aside the impugned order. No costs. AVS ----------------------------- 29—11—2010 Note: Issue C.C. in two days. B/O