THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 3469 OF 2011 DT.16.9.2011 Between: Thumma Kaspa Reddy and another … Petitioner And Yerramreddy Chandra Reddy … Respondent Counsel for the Petitioner: SriV.V.L.N Sarma Counsel for respondent : The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 3469 OF 2011 ORDER: The petitioners herein are plaintiffs. This revision is filed questioning the orders dated 14.6.2011 passed in I.A. No. 723 of 2008 in O.S. No. 279 of 2008 by the Junior Civil Judge, Piduguralla, allowing the application filed under section 5 of the Limitation Act by condoning the delay of 70 days in filing a petition to set aside the ex-parte decree dated 22.9.2010. The case of the petitioners/plaintiffs is that they have filed a detailed counter affidavit before the Court below stating that the defendant had knowledge about passing of the exparte decree and in fact contested the execution proceedings in E.P.No. 56 of 2010 by entering appearance on 13.12.2010 but no application has been filed to set aside the ex-parte decree within the stipulated time and waited till 31.12.2010 and filed an application to condone the delay of 70 days in filing a petition to set aside ex-parte decree, thus, it cannot be said that the delay was properly explained. It is also contended that the though no sufficient reason is shown, the Court below erred in condoning the delay subject to payment of costs of Rs.200/-. Hence, the present revision petition. Heard the learned counsel for petitioner and perused the material available on record. The Court below having regard to the fact that a family member of the petitioner died and the petitioner being elder of the family was in shock and being an illiterate could not file the petition in time, in its discretion condoned the delay on payment of costs of Rs.200/-, which cannot be said to be illegal warranting interference of this Court. It is open for the petitioner to put-forth all his contentions opposing the application filed to set aside the ex-parte decree. There are no merits in the revision petition and the same is hereby dismissed. No costs. ______________ V.ESWARAIAH,J DT.16.9.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 3469 OF 2011 DT.16.9.2011