THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 934 OF 2005 JUDGMENT: 1. Heard the learned counsel for the petitioner. None appears for the respondent, inspite of service of notice. 2. This Civil Miscellaneous Appeal is preferred aggrieved by the order dated 17.03.2005 in I.A.No. Nil, in O.S. No.1067 of 2003 on the file of the I Additional Senior Civil Judge, Visakhapatnam, whereunder and whereby the petition filed under Order IX Rule 13 C.P.C. to set aside the ex parte decree dated 06.07.2004, was rejected on the ground that the petition in I.A. No.1851 of 2004 filed to condone the delay in filing the said application, was dismissed. 3. Admittedly, against the order dated 17.3.2005 in I.A. No.1851 of 2004, which is filed under Section 5 of the Limitation Act, 1963, the petitioner filed Civil Revision Petition No.3417 of 2005 before this Court, and by order dated 17.07.2008, this Court allowed the revision and remanded the matter to the trial Court giving opportunity to both the parties to let in evidence to substantiate their respective stands. Therefore, the present application filed under Order IX Rule 13 C.P.C. has to be considered after disposal of I.A. No.1851 of 2004. In view of the above, the impugned order is set aside, and the trial Court is directed to consider this application after disposal of I.A. No.1851 of 2004. 4. The Civil Miscellaneous Appeal is, accordingly, allowed. No costs. ---------------- 29.09.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 934 OF 2005 Date: 29.09.2010 Between: P.N.Ramachandra Rao …appellant And K.Hari Raju …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 934 OF 2005 29.09.2010