THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION Nos.4870 and 4872 of 2010 COMMON ORDER: These two revisions are between the same parties. Hence, they are disposed of through a common order. The respondent filed O.S.No.63 of 2008 against the petitioner in the Court of the Senior Civil Judge, Allagadda for recovery of certain amount. The suit was decreed on 30.04.2009. After the decree became final, the respondent filed E.P.No.33 of 2009. Alleging that the petitioner refused to receive the notice in the E.P., he was set ex parte on 25.11.2009. The petitioner filed E.A.No.215 of 2010 with a prayer to set aside the ex parte order, dated 25.11.2009. Since, there was delay of 249 days in filing that application, he filed E.A.No.214 of 2010 under Section 5 of the Limitation Act. Through separate orders, dated 11.08.2010, the executing Court dismissed the applications. Hence, these two revisions. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The petitioner participated in the suit and the suit came to be decreed hardly within one year from the date of institution. The petitioner states that he is residing at different place and the notice in the E.P. was addressed to his native place knowing fully well that he is residing elsewhere. The executing Court did not believe this version. Whatever may have been the circumstances under which the petitioner came to be set ex parte in the E.P., once he has come forward to participate, the executing Court ought to have set aside the order through which he was set ex parte. As a matter of fact, it would be in the interest of the respondent also that the petitioner participates in the proceedings. It is brought to the notice of this Court that the petitioner has deposited a sum of Rs.50,000/- on 28.10.2010. He can be required to pay further amount of Rs.25,000/- as a condition for allowing the applications. Therefore, the civil revision petitions are allowed and the orders under revisions are set aside. Consequently, E.A.Nos.214 and 215 of 2010 shall stand allowed, on condition that the petitioner shall deposit a further sum of Rs.25,000/- within a period of four weeks from today. It shall be open to the respondent to withdraw the amount, which is already in deposit as well as the one that may be deposited by the petitioner. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 26.11.2010. kdl