THE HON’BLE SRI JUSTICE V.V.S. RAO CIVIL REVISION PETITION No.5555 of 2009 05.12.2009 Between: Smt.Madhayanapu Satyavathi, W/o.Late Nagabhushanam … Petitioner and Yarramalla Papa Rao, S/o.Late Dharmanna … Respondent THE HON’BLE SRI JUSTICE V.V.S. RAO CIVIL REVISION PETITION No.5555 of 2009 ORDER: The petitioner, originally, filed O.S.No.759 of 2004 on the file of the Court of Principal Junior Civil Judge, Kovvur, which was subsequently transferred to the Court of Junior Civil Judge, Jangareddigudem, and numbered as O.S.No.266 of 2009. The said suit was filed against the respondent for permanent injunction in respect of suit schedule property. The Court below passed orders of status quo and the matter is pending. Subsequently respondent filed O.S.No.877 of 2005 on the file of the Court of I Additional Junior Civil Judge, Kovvur, for cancellation of registered settlement deed dated 14.5.1995. The same was decreed ex parte. Therefore, the petitioner filed application to set aside ex parte decree and as there was delay, application under Section of 5 of Limitation Act, 1963, was filed. The same is pending before the Court of I Additional Junior Civil Judge, Kovvur. The petitioner filed I.A.No.751 of 2009 in O.S.No.266 of 2009 pending before the Court of Junior Civil Judge, Jangareddigudem, to stay the suit in O.S.No.877 of 2005 on the file of the Court of I Additional Junior Civil Judge, Kovvur. The same having been dismissed on 23.10.2009, present civil revision petition is filed. This Court heard learned Counsel for petitioner. Admittedly, O.S.No.877 of 2005 is not pending. It has been decreed ex parte on 23.9.2008. Therefore, Section 10 of Code of Civil Procedure, 1908 (CPC), has no application. Even if the interlocutory application filed by petitioner along with condone delay application is pending before the Court of I Additional Junior Civil Judge, Kovvur. Therefore, the Court of Junior Civil Judge, Jangareddigudem, was correct in dismissing I.A.No.751 of 2009. In case ex parte decree in O.S.No.877 of 2006 is set aside and the suit is restored, it is always open to petitioner to move a fresh application under Section 10 of CPC. The civil revision petition, with the above observations, is accordingly dismissed. No costs. _____________ (V.V.S.RAO,J) December 05, 2009 YS