IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.266 OF 2009 Between: Md. Saleem .....PETITIONER AND Mohd. Mustaq and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.266 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the common order, dated 13.11.2008, in I.A.Nos.227 of 2008 and 229 of 2008 in O.S.No.84 of 2007, on the file of the Principal Junior Civil Judge, Armoor, whereunder and whereby, the petitions, filed under Order IX Rule 7 and Section 151 of the Code of Civil Procedure, 1908, to set aside the ex parte order passed on 02.06.2008, were allowed. 2. Heard. 3. The suit is filed by the petitioner/plaintiff for declaration that the sale of Mosque is illegal and inoperative. As respondent Nos.1 and 2/defendant Nos.1 and 2 have not filed the written statement within the statutory period, right to file the written statement has been forfeited and therefore, they were set ex parte. 4. It is stated that as respondent No.1/defendant No.1 was suffering from jaundice, he could not attend the Court on 02.06.2008. That was accepted by the trial Court as sufficient cause. In view of the fact that the sale is under challenge in the suit, the trial Court, in order to do substantial justice to the parties, rightly allowed the petitions. The absence of respondent No.1 on 02.06.2008 is not shown to be wanton or willful. Therefore, the impugned order needs no interference by this Court in view of the fact that proper reason has been given by respondent No.1 for not filing the written statement within the statutory period. 5. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J January 27, 2011 MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.266 OF 2009 January 27, 2011