IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE TWENTY FOURTH (24TH) DAY OF FEBRUARY, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.4746 of 2004 Between: E.Yellappa … Petitioner And: B.Chinnaswamy … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.4746 of 2004 ORDER: This revision petition is directed against the order dated 17.08.2004 in EA No.159 of 2004 in EP No.106 of 2003 in OS No.74 of 2002 on the file of the Junior Civil Judge, Pakala, wherein, the said application filed by the petitioner under order XXI Rule 106 CPC seeking to set aside the exparte order dated 07.07.2004, was dismissed. 2. Heard the learned counsel for the petitioner. None appeared for the respondent though served with notice. Perused the record. 3. The respondent herein obtained a decree against the petitioner herein. The respondent filed EP No.106 of 2003 in execution of the decree seeking arrest of the petitioner/JDr. The respondent entered appearance but did not file counter. According to him, the matter was posted to 7.07.2004 for filing of the counter on payment of costs of Rs.150/-. As the costs were not paid and counter was not filed, he was set exparte. According to the petitioner/JDr, he was suffering from jaundice and was taking treatment at Tamilnadu and therefore, he could not pay the costs and file the counter. The lower court disbelieved the same for want of medical evidence and refused to set aside the exparte order. Aggrieved by the same, the present revision is filed. 4 . While admitting the revision petition, this court on 24.09.2004 granted interim stay on condition of petitioner depositing Rs.5,000/- within four weeks. Subsequently by order dated 18.03.2005 in CMA MP No.16559 of 2004, time was extended. It is stated that the amount of Rs.5,000/- was already deposited. 5. In the circumstances, it is considered that an opportunity be given to the petitioner/JDr to contest the E.P. In that view of the matter, the impugned order is set aside. The petitioner is permitted to file his counter, within a period of two (2) weeks from the date of receipt of the copy of this order, failing which, the execution court is at liberty to proceed further with the matter. 6. In the result, the civil revision is allowed accordingly. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 24.02.2011 bss