THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 2051 of 2010 ORDER: 1. The Civil Revision Petition is directed against the Order dated 15.03.2010 in E.A. No.177 of 2009 in E.P. No.43 of 2007 in O.S. No.27 of 2005 on the file of the Senior Civil Judge, Darsi, whereunder and whereby the Execution Application filed to set aside the ex parte order dated 20.11.2008 in the Execution Petition, was dismissed. 2. Heard the learned counsel for the petitioner. None appears for the respondent inspite giving sufficient opportunity. 3. Learned counsel for the petitioner contended that in the execution proceedings, notice has not been served on the petitioner and therefore, he prays to set aside the ex parte order. 4. The suit is based upon a mortgage deed dated 29.09.1997. The contention of the learned counsel for the petitioner is that the petitioner never received summons or notice from the Court. As seen from the impugned order, sale notice sent to the judgment debtor was returned unserved and so the court below ordered for paper publication and thereafter he was set ex parte. Further more, the counsel appearing for the petitioner filed vakalat on behalf of the petitioner on 11.6.2009 in E.A. No.50 of 2009 in E.P. No.42 of 2007 in O.S. No.26 of 2005 on the file of the Senior Civil Judge, Darsi. Later i.e. on 16.7.2009 counter was also filed. The application to set aside the ex parte order dated 20.11.2008 was filed on 21.12.2009. So, the petitioner must be having knowledge about the pendency of the Execution Petition. Therefore, it would clearly go to show that there is sufficient knowledge about the judgment and decree to the petitioner. Considering these aspects, the court below rightly dismissed the petition and there are no grounds to interfere with the same. 5. However, the execution proceedings are kept in abeyance for a period of two months from today to enable the judgment debtor to pay the entire decreetal amount together with interest and costs. If the judgment debtor fails to pay the same within a period of two months from today, the executing court can proceed further with the execution of the decree. 6. With the above observation, the Civil Revision Petition is dismissed. No costs. --------------------- (K.C.Bhanu, J.) 29.3.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 2051 of 2010 29.3.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 2051 of 2010 29.3.2011 Between: Kavuri Lakshminarayana …Petitioner And Chinnam Subramanyam …Respondent