THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.1085 of 2011 ORDER: The petitioners filed O.S.No.115 of 2002 in the Court of Principal Junior Civil Judge, Chirala against the respondents for the relief of declaration of title and mandatory injunction in respect of the suit schedule property. The suit was decreed on 29.06.2005 and the decree became final. The petitioners filed E.P.No.89 of 2006. The proceedings were awaiting directions by the Court as to removal of obstructions. On 08.12.2008, there was no representation for the petitioners. The Court dismissed the E.P. for default. The petitioners filed E.A.No.74 of 2009 under Rule 106 of Order 21 C.P.C. with a prayer to set aside the order, dated 08.12.2008. The respondents filed a counter strongly opposing the application. The trial Court dismissed the E.A. on 15.02.2010. Hence, this civil revision petition. Heard the learned counsel for the petitioners and the learned counsel for the respondents. The absence of the petitioners and his Advocate on 08.12.2008 appears to be accidental. This is not a case, where they were absent consistently on previous dates of hearing. The executing Court proceeded on a purely hyper-technical manner. Though the E.A. was filed within the period of limitation, an observation was made to the effect that it was not filed on the next date. Such an approach is unwarranted. The petitioners cannot be denied the fruits of the decree. Therefore, the civil revision petition is allowed and the order under revision is set aside. As a result, E.A.No.74 of 2009 is allowed and the order, dated 08.12.2008, is set aside. The E.P. is restored to file. There shall be no order as to costs. _________ 27.07.2011 Jsu THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.1085 of 2011 Date: 27.07.2011 JSU