IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRDESH:: HYDERABAD TUESDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.6170 OF 2009 Between: Malladi Sitamahalakshmi and others …Petitioner A n d Beti Durga Rao @ Durgayya and another ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.6170 OF 2009 ORDER: This civil revision petition is directed against the order 09.12.2009 in C.M.A.No.1/2009/F2, on the file of the Agent to the Government, West Godavari, Eluru, wherein the said appeal filed by the respondents herein, the defendants, was allowed, setting aside the ex parte dated 27.12.2008. 2. Heard both sides. Perused the record. 3. It is stated by both sides that as against the ex parte decree dated 27.12.2008, the respondents herein have preferred a regular appeal before the appellate authority and the same is pending. In view of filing of a regular appeal questioning the ex parte decree, it is considered that the merits of the matter need not be gone into in the present proceedings. The impugned order is accordingly set aside, leaving it open to the parties to raise all their contentions before the appellate authority, which shall dispose of the appeal on its own merits. This order does not, however, prejudice the contentions of either side before the appellate authority. 4. In the result, the civil revision petition is accordingly disposed of. There shall be no order as to costs. _____________________ G.V.SEETHAPATHY, J 08th November, 2011 Lrkm.