HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 3475 of 2010 Date: 11-03-2011 Between: M. Jaihind ……. Petitioner and T. Sreeramloo and others ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No.3475 of 2010 ORDER: Heard both sides and at their request the main Revision Petition is taken up for disposal. The petitioner, who is defendant No.1, filed this Revision Petition under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order, dated 30-07-2008 passed in I.A.No.95 of 2010 in O.S.No.2649 of 2007 on the file of the X Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad, which is purported to have been filed under Order 9 Rule 7 read with Section 151 of C.P.C. to set aside the ex parte order, dated 30-07-2008 enabling the petitioner to contest the suit on merits. The main ground urged in the application was that there is no proper service of summons and he has no knowledge about the proceedings. The Court below, after hearing both sides, gave a categorical finding that the suit has been pending for more than two years and both the parties reside in the same city and that apart on 30- 01-2008 on receipt of the summons, the petitioner appeared and sought time for filing written statement and therefore, it is difficult to believe that he was not aware of the proceedings and dismissed the suit. Hence, the Revision. Having heard the learned counsel on either side and also on perusal of the material on record and especially there being no serious dispute in regard to the appearance on 30-01-2008 in the affidavit filed in support of the application and in the absence of such denial, I do not find any warrant to show indulgence in favour of the petitioner. There are no grounds to interfere with the order passed by the Court below. The Civil Revisions Petition is, accordingly, dismissed. No order as to costs. _________________ B. PRAKASH RAO, J Date:11-03-2011 YCR