IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT: HON'BLE SRI JUSTICE P. SWAROOP REDDY CIVIL REVISION PETITION No.1913 OF 2009 Between: N J Dadabhai ..... Petitioner AND M/s. Bhavana Horticulture & Realtors Pvt. Ltd., Rep. By its Director V. Nageswara Rao .....Respondent HON'BLE SRI JUSTICE P. SWAROOP REDDY CIVIL REVISION PETITION No.1913 OF 2009 ORDER: This Civil Revision Petition is filed by the defendant N J Dadabhai against the dismissal order dated 16-12-2008 in I.A. No.71 of 2008, a petition under Section 5 of Limitation Act, in O.S. No.6514 of 2006 passed by the learned X Junior Civil Judge, City Civil Court, Hyderabad. 2. Heard both sides. 3. As contended by the learned counsel for the respondent – plaintiff, it is not clear from the impugned petition, filed before the trial Court, as to what delay has to be condoned and of how many days. 4. However, learned counsel for the petitioner submits that the impugned petition was to condone the delay in filing the petition for setting aside the ex parte decree in the suit dated 04-12-2007 and obviously it is for that purpose only. 5. In the above circumstances, without going into the technicalities of the case, I order that the delay in filing the petition to set aside the ex parte decree shall stand condoned and accordingly I.A. No.71 of 2008 is allowed. The petition for setting aside the ex parte decree shall be heard and disposed of by the trial Court on merits. 6. Accordingly, the Civil Revision Petition is allowed. The petitioner herein is directed to pay costs of Rs.5,000/- (Rupees five thousand only) to the respondent within a period of two weeks from today. ______________________ P. SWAROOP REDDY, J August 12, 2009. PV