THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.5249 of 2010 ORDER: This Civil Revision Petition is filed under Section 115 CPC aggrieved by order, dated 06.10.2010 passed in E.P.No.434 of 2010 in O.S.No.1305 of 2007. Petitioners are defendants in O.S.No.1305 of 2007 on the file of the learned V Additional Junior Civil Judge, Warangal. The said suit filed for recovery of money by the respondent chit fund company was decreed ex parte. It is the case of the petitioners that in the aforesaid suit no proper attempts were made by the respondent to serve summons on them by obtaining substituted service and that contrary to the procedure in the Code of Civil Procedure, ex parte decree was obtained by the respondent. It is stated that the petitioners have filed an application seeking to set aside the ex parte decree, along with I.A.No.707 of 2010 seeking to condone the delay of 40 days in filing such application. It is also stated that I.A.No.707 of 2010 is pending. At that point of time, the Court below ordered to issue salary attachment warrants in E.P.No.434 of 2010 vide order, dated 06.10.2010, against which, the petitioners approached this Court by way of present Civil Revision Petition. On 16.11.2010, this Court while issuing notice before admission, passed interim orders on the condition of petitioners depositing an amount of Rs.25,000/-. It is submitted by the learned counsel for the parties that in pursuance of the directions issued by this Court, the amount of Rs.25,000/- has already been deposited. In view of pendency of I.A.No.707 of 2010 filed seeking to condone the delay of 40 days in filing such application, it is not desirable to record any finding on the pleas of the petitioners. As it is stated that Rs.25,000/- has already been deposited by the petitioners and I.A.No.707 of 2010, which was filed to condone the delay of 40 days in filing the application to set aside the ex parte decree, is still pending consideration, I deem it appropriate to set aside the impugned order with a direction to the learned V Additional Junior Civil Judge, Warangal, to dispose of I.A.No.707 of 2010 and also other applications, if any pending, on merits, as expeditiously as possible. It is made clear that the respondent/decree holder is permitted to withdraw the amount of Rs.25,000/-, which has been deposited by the petitioners pursuant to order, dated 16.11.2010 passed by this Court. It is also made clear that such withdrawal of the amount will be subject to outcome of the final orders in the suit. Accordingly, the impugned order is set aside and the Civil Revision Petition is allowed with the directions as indicated above. No order as to costs. ______________________ R.SUBHASH REDDY, J 11th JULY, 2011. kvni