IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.NO.4589 OF 2010 Date:25-01-2011 Between:- D.Prabhakar and another .. Petitioners And D.Sagar and another .. Respondents ORDER:- The Revision is filed against the order dated 10-08-2010 of the Principal Junior Civil Judge, Khammam in I.A.No.913 of 2009 in O.S.No.824 of 2007. The application is filed under Section 5 of the Limitation Act to condone delay of 544 days to set aside the ex parte decree. The suit is said to be filed for permanent injunction and the petitioners, who are the defendants in the suit, are said to be not available in the station and an ex parte decree was passed. Subsequently, the defendants came to know about the ex parte decree and the present application to condone the delay. The lower Court has not taken evidence on behalf of the petitioners. As can be seen from the order of the lower Court, the plaintiffs did not appear and the present order is passed ex parte but however, as can be seen from the application filed by the counsel for the petitioners before this Court, Execution Petition is said to be pending and Police Aid Application is also said to be filed by the decree holders. Therefore, the plaintiffs remaining ex parte in this application after giving a notice does not appear to be probable. Therefore, the lower Court is directed to issue fresh notice to the counsel for the decree holders and the decree holders in E.P.No.445 of 2009 and E.A.No.490 of 2009 and the petitioners herein also are directed to take notice to the counsel for the plaintiffs and also the plaintiffs in the lower Court. The lower Court shall then consider the objection of the plaintiffs and take necessary evidence and dispose of the matter. With the above direction, the Civil Revision Petition is disposed of. No costs. ____​________________________ N.R.L.NAGESWARA RAO, J 25th January, 2011 AMD