HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.2339 of 2010 Date: September 27, 2011 Between: Pasumarthi Padmanabhaiah … Petitioner/ Petitioner/ Defendant And C. Dayakar Reddy … Respondent/ Respondent/ Plaintiff * * * HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.2339 of 2010 O R D E R: This Civil Revision Petition is filed by the defendant/judgment debtor seeking a direction to III Senior Civil Judge, City Civil Court, Secunderabad, to dispose of I.A. No.2157 of 2009 in I.A. No.2156 of 2009 in O.S. No.398 of 2002 on its file. 2. An ex parte decree was said to have been obtained by the plaintiff on 26.8.2004 and I.A. No.2156 of 2009 was filed to condone the delay of 140 days in filing the application for setting aside the said ex parte decree. I.A. No.2157 of 2009 was also said to have been filed to stay the execution of the said ex parte decree, which was transmitted to the Court of Principal Senior Civil Judge, Nellore. No final orders are passed by the lower court on the stay application, but however, the present revision is filed stating that the lower court has failed to dispose of the stay application. 3. As can be seen from the order dated 15.4.2010 in I.A. No.2156 of 2009 in O.S. No.398 of 2002 on the file of III Senior Civil Judge, City Civil Court, Secunderabad, notice was ordered to the respondent and a memo was filed on 19.3.2010 by the counsel for the judgment debtor stating that the counsel for the decree holder is trying to avoid taking the notice. This memo was evidently filed in the Court of the Principal Senior Civil Judge, Nellore, and not before the court where the application for setting aside the ex parte decree was filed. The counsel for the plaintiff represents that in view of the above circumstances, the plaintiff is prepared to appear before the lower court and file a counter and the lower court may be directed to dispose of the case on merits. 4. In view of the above circumstances, the plaintiff is directed to appear before the lower court and file a counter within three weeks and thereafter the lower court shall dispose of the application within one month. 5. The Civil Revision Petition is accordingly disposed of. No costs. ____________________________ N.R.L. NAGESWARA RAO, J Date: September 27, 2011. BSB