THE HON’BLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No.3976 of 2006 ORDER: The petitioner is a tenant, who files this revision purportedly under Section 83(a) of the Wakf Act, 1995, inter alia, seeking to assail the correctness of the order dated 03.05.2006 in I.A.No.469 of 2004 in O.S.No.93 of 2002 passed by the Andhra Pradesh Wakf Tribunal, Hyderabad, whereby the Tribunal dismissed the application filed by the petitioner seeking to set aside the ex parte decree dated 16.08.2004 passed in the suit. The facts that are not in dispute are that the respondents/plaintiffs filed the suit for eviction against the petitioner – tenant and at the threshold, even before filing of the written statement by the petitioner in the suit, as the petitioner was absent to the proceedings, an ex parte decree was passed in the suit. Thereafter, the petitioner filed I.A.No.469 of 2004 seeking to set aside the ex parte decree passed in the suit and when he was absent in the said I.A. also, the Tribunal dismissed the said I.A. through the impugned order. Heard the learned counsel for the petitioner and the learned counsel for the respondents, and perused the material on record. This Court while admitting the revision, granted interim stay and the same is subsisting as on today. No doubt the proceedings are being stalled at the instance of the petitioner, the fact remains that such attempts should be curtailed. However, having regard to the fact that the petitioner not even filed written statement in the proceedings before the Tribunal and the ex parte decree was passed at the threshold, it is quite desirable that an opportunity should be given to the petitioner. Therefore, the Civil Revision Petition is allowed and accordingly impugned order dated 03.05.2006 in I.A.No.469 of 2004 in O.S.No.93 of 2002 is set aside and I.A.No.469 of 2004 in O.S.No.93 of 2002 on the file of the Andhra Pradesh Wakf Tribunal stands allowed and ex parte decree dated 16.08.2004 in O.S.No.93 of 2002 is set aside, subject to the condition that the petitioner deposits costs of Rs.1,000/- (Rupees one thousand only) before the Tribunal within a period of four weeks from today. Thereafter, the Tribunal should dispose of the suit, on merits, after giving opportunity to both sides, in accordance with law. No costs. ___________________ B. PRAKASH RAO, J 15th July, 2010 GHN