THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.5007 of 2009 ORDER: This civil revision petition is directed against the docket order dated 11.02.2009 passed in C.F.R.No.7652 of 2007 in I.A.No.32 of 2007 in O.S.No.229 of 2003 by the Principal Senior Civil Judge, Tenali, Guntur District dismissing the petition filed under Section 5 of the Limitation Act to condone the delay of 501 days in filing the petition for setting aside the ex parte decree passed against the petitioner. Petitioner is the defendant in the suit. The above CFR was filed by the petitioner under Section 5 of the Limitation Act to condone the delay of 501 days in filing the petition for setting aside the ex parte decree passed against him. The court below having regard to the submissions made by the parties allowed the petition on condition of the petitioner depositing the suit costs and on further condition, to tender himself for cross examination on 21.01.2009 failing which the petition shall stand dismissed. On 21-01- 2009, time was enlarged till 11-02-2009 and since the petitioner has not complied with the conditional order and was called absent, through the impugned docket order, the court below dismissed the petition. Hence, the revision. Heard. The respondent is the wife. She filed suit for maintenance against the petitioner and that suit was decided ex parte. On filing petition to condone the delay of 501 days in filing the petition for setting aside the ex parte decree passed against the petitioner, the court below allowed the same on the conditions stated above. It seems the petitioner has not deposited the suit costs and he has also not tendered himself for cross- examination. This Court has granted stay of all further proceedings in Execution Petition subject to the petitioner depositing half of the decretal amount before the trial court within a period four weeks from that day and on such deposit, the respondent/wife was permitted to withdraw the amount. It is represented that the petitioner has complied with the said order. In the circumstances, to see that the matter should be disposed of on merits I am inclined to grant an opportunity to the petitioner - husband to contest the suit by cross examining the respondent - wife. Therefore, the impugned order is set aside. The respondent is permitted to withdraw the amount so deposited if not already withdrawn. The trial Court is directed to dispose of the suit within a period of three weeks from today. It is further directed that the petitioner and the respondent shall cooperate with the lower Court for disposing the suit. The civil revision petition is allowed accordingly. No costs. GHULAM MOHAMMED,J Note: CC in three days. b.o. lvl THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.5007 of 2009 Dt. 10.12.2010