THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4494 of 2011 ORDER: The petitioner filed O.S.No.33 of 2004 in the Court of Senior Civil Judge, Chirala against the respondents, for the relief of declaration of title and recovery of possession of the suit schedule property. The trial of the suit was concluded and it is at the stage of arguments. The 2nd respondent herein filed I.A.No.948 of 2010 under Rule 9 of Order 26 C.P.C. with a prayer to appoint an Advocate-Commissioner to take measurements of the properties claimed by the petitioner and those of the respondents. The petitioner filed a counter opposing the I.A. It is stated that the trial Court appointed an Advocate- Commissioner on earlier occasion and that the report submitted by him was made part of the record. The trial Court passed an order, dated 23.06.2011 directing notice to defendants 3, 4 and 6, who were set ex parte in the suit. The grievance of the petitioner is that on account of the order passed by the trial Court, hardly there is any progress in the suit and the notices have not been served so far. He states that once the defendant is set ex parte in a suit, there is no necessity to serve notice in the interlocutory applications. Heard the learned counsel for the petitioner. The revision arises out of an order passed by the trial Court directing service of notice on respondents 3, 4 and 6 herein, who are defendants 3, 4 and 6. It is a matter of record that the said parties were set ex parte.. If that is so, the trial Court was not at all under obligation to ensure service of notice in the I.A. upon those respondents. The very fact that no notice was served upon them for the past one year discloses the futility of the step directed by the trial Court. Hence, the civil revision petition is disposed of, directing the trial Court to decide the I.A. by hearing the arguments of the 2nd respondent on the one hand and the petitioner on the other hand forthwith and to decide the suit also as early as possible, since it was identified long back. There shall be no order as to costs. __________ 28.10.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4494 of 2011 Date: 28.10.2011 JSU