THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.1764 of 2005 ORDER: The respondent filed O.S.No.142 of 2002 in the Court of Principal Senior Civil Judge, Kurnool against the petitioner for recovery of certain amount. An ex parte decree was passed on 17.09.2002. The petitioner filed an application under Order 9 Rule 13 CPC with a prayer to set aside the ex parte decree. Since there was a delay of 391 days in filing application, he filed I.A.No.212 of 2004 under Section 5 of the Limitation Act. The I.A. was dismissed by the trial Court on 08.07.2004. Aggrieved thereby, the petitioner filed CMA.No.36 of 2004 in the Court of II Additional District Judge, Kurnool. The appeal was dismissed on 30.12.2004. Hence, this revision. Heard Sri T.S.Anand, learned counsel for the petitioner. Though notice was sent to the respondent, it was not returned served. The petitioner pleaded ground of ill health for the delay in filing the application under Order 9 Rule 13 CPC. The trial Court was not convinced with the explanation offered by the petitioner. On 21.04.2005, while admitting the revision, this Court granted interim stay on condition that the petitioner deposits 1/4th of the decretal amount, within six (6) weeks from that date. Learned counsel for the petitioner is not able to inform this Court as to whether the condition has been complied with, obviously on account of lack of instructions. In view of the fact that the revision is pending for the past five years, this Court feels it appropriate to dispose of the same with certain conditions. Hence, the Civil Revision Petition is allowed, and the order under revision shall stand set aside, if A. i) the condition imposed by this Court in the order, dated 21.04.2005 has been complied with or if it is not complied with, the amount shall be deposited, within four (4) weeks from today. ii) In addition to the said amount, the petitioner shall also deposit further 1/4th of the decretal amount, within eight (8) weeks from today. B. If the deposits are made as indicated above, not only the delay shall stand condoned, but also the ex parte decree would stand set aside. C. If, on the other hand, the conditions are not complied with, the ex parte decree shall remain in force. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J 17th AUGUST, 2009. Note: issue c.c. one (1) week. kvni