THE HONOURABLE SRI JUSTICE B.PRAKASH RAO Dated: 19th February 2010 C.R.P.No.4494 of 2009 Between: Alapati Basavapunna rao ..Petitioner And Narra Vaenkaiah and others ..Respondents THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.4494 of 2009 ORDER: Heard both sides and at their request the main revision itself is taken up for disposal. The petitioner herein is the respondent in the O.P in the Court below and is the owner of the vehicle which involved in an accident. In a claim set forth for compensation in pursuance of the motor vehicle accident towards the amounts receivable for the death of the deceased by the Legal representatives the matter was decided ex parte, though the case of the petitioner is that in spite of his best efforts and appearance made and also signing written statement in the main O.P much earlier to the passing of the decree, the same was not taken into consideration nor he was informed of the proceedings thereon. Therefore, there was a delay and hence he seeks an opportunity to contest the main case as there are substantial grounds available in defence. Having considered the submissions of both the counsel and on perusal of the material, it is seen from the record that the deceased is a labourer and a decree was passed on 1-12-2008 and subsequently the present application came to be filed and no amount has been paid. In the circumstances, ends of justice would be met if the petitioner is given an opportunity to contest the case on the condition that he deposits Rs.1,00,000/- (rupees one lakh only). The revision is accordingly allowed. The delay of 126 days in filing the petition to set aside ex parte decree dated 1-12-2008 is condoned and the ex-parte decree dated 1-12-2008 is set aside subject to the condition the petitioner deposits Rs.1,00,000/- (Rupees one lakh) within a period of eight (8) weeks from today. On such deposit, the respondents are permitted to withdraw the same without furnishing any security. No costs. _______________ B.PRAKASH RAO,J Date:19-02-2010 Grk THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.4494 of 2009 Dated: 19-02-2010