THE HON'BLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.4444 of 2011 ORDER: 1 This revision is directed against the order, dated 26.09.2011 made in I.A.No.118 of 2011 in O.S.No.157 of 2009 by the learned XI Junior Civil Judge, City Civil Court, Secunderabad whereby the petition filed by the petitioner who is defendant in the said suit under section 5 of the Limitation Act to condone the delay of 109 days in filing the application under Order IX Rule 13 r/w Section 151 CPC was dismissed. 2 Respondents herein who are parents and younger brother of the petitioner herein filed the said suit O.S.No.157 of 2009 against the petitioner for recovery of possession and injunction in respect of the suit schedule property. The petitioner submits that after the petitioner entered appearance in the said suit, his parents assured him to withdraw the same and hence, he did not pursue the matter. Therefore, the Court below, due to the non-representation and non filing of the written statement by the petitioner, set the petitioner ex parte by order dated 10.07.2008. But the said fact was not intimated to the petitioner and therefore the suit was decreed ex parte on 05.02.2009 by granting one month time for eviction. 3 It is submitted that he could know only when his brother, who is one of the plaintiffs in the suit, informed him about the filing of the execution petition for eviction. Then he approached the court below and filed the present application i.e. I.A.No.118 of 2011 seeking to condone the delay in filing the application to set aside the ex parte decree. As stated supra, the trial court dismissed the said application. Hence the present revision. 4 Heard the learned counsel for the petitioner and the learned counsel for the respondents. 5 Admittedly the parties to the dispute are members of the same family and the dispute relates to the family properties. The suit is one filed for recovery of possession and injunction, and as it is always desirable that the rights of the parties have to be adjudicated on merits instead of proceeding ex parte, it is a fit case where the petitioner/defendant can be given an opportunity to contest the matter. 6 Having regard to the facts and circumstances of the case, this revision petition is allowed, the impugned order is set aside and the matter is remitted to the Court below for fresh disposal in accordance with law. No costs. ------------------------------ GHULAM MOHAMMED, J Date: 23.12.2011 Kvsn