THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.1594 of 2011 Dated 08th July, 2011 Between: Koppoju Brahma Chary …Petitioner And Sriramadasu Raghava Chary …Respondent Counsel for petitioner: Sri Ch.Dhanamjayya Counsel for respondent: Sri R.Nagabhushana Rao The Court made the following: ORDER: This civil revision petition arises out of order, dated 10.02.2011, in I.A.No.432 of 2010 in O.S.No.7 of 2009, on the file of the learned Senior Civil Judge, Miryalaguda. The petitioner is the defendant in the suit filed by the respondent for recovery of money. An ex parte preliminary decree was passed against the petitioner on 03.03.2009. The petitioner filed an application for setting aside the said ex parte decree along with an application for condonation of delay of 461 days in filing the said application. The said application was dismissed by the Court below through the order under revision. A perusal of the order of the Court below shows that it is devoid of any reasons. Except stating that the petitioner is not diligent in conducting the case, the Court below has not adverted to the correctness or otherwise of the averments contained in the affidavit filed in support of I.A.No.432 of 2010. Keeping in view the serious consequences that may ensue if the ex parte decree is allowed to become final, I am of the opinion that in the interests of justice, the application filed by the petitioner for condonation of delay is allowed by putting him on terms. Accordingly, I.A.No.432 of 2010 is allowed by condoning the delay, subject to the petitioner paying to the respondent a sum of Rs.5,000/- (Rupees five thousand only) within one month from today. On proof of payment of the said amount, the Court below shall hear and dispose of the IA filed for setting aside the ex parte decree. Conversely, if the amount is not paid, the order, dated 10.02.2011, in I.A.No.432 of 2010 in O.S.No.7 of 2009 on the file of the learned Senior Civil Judge, Mirayalaguda shall stand revived. In the event of the Court below setting aside the ex parte decree, it shall dispose of the suit within a period of three months from the date of such restoration. The civil revision petition is accordingly allowed. As a sequel to disposal of the civil revision petition, C.R.P.M.P.No.2273 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 08th July, 2011 VGB