HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 3350 OF 2011 ORDER: This Civil Revision Petition has been filed challenging the Order dated 8.06.2011 passed in I.A.No. 1 of 2011 in O.S.No. 2055 of 2008 by the VII Senior Civil Judge, City Civil Court, Hyderabad. Petitioner herein is defendant in O.S.No. 2055 of 2008. Suit was filed by the plaintiff for eviction and arrears of rent and that suit was decreed on 15.10.2009. Aggrieved by the same, defendant in the Suit filed I.A. 1 of 2011 under Section 5 of Limitation Act to condone the delay of 459 days in filing the application for setting aside the exparte decree, dated 15.10.2009 passed in the main suit. That petition was dismissed by the Court below holding that the petitioner heren has failed to explain the delay of 459 days in filing the petition. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner submits that the trial Court ought to have seen that the petitioner suffered ex-parte decree because of the fault of his counsel in not filing written statement, which was already prepared under the instructions of the petitioner. Heard the learned counsel appearing for the petitioner and also the learned Caveator appearing for the respondent. It is evident from the record that the suit was not decreed on the date when the defendant was set exparte or on the date of recording the evidence. After recording the evidence, case was adjourned upto 15.10.2009 i.e., for two months, therefore, sufficient opportunity was given to the petitioner to contest the case. Hence, the Court below rightly dismissed the I.A holding that the petitioner has failed to explain the delay of 459 days in filing the petition. Therefore, I see no reasons to interfere with the order and the Civil Revision Petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. However, three months time is granted to the petitioner to vacate and handover the vacant possession to respondent-plaintiff. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J DATE: 02.09.2011 KA