IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT: HON'BLE SRI JUSTICE P. SWAROOP REDDY CIVIL REVISION PETITION No.436 OF 2009 Between: Dharmaseva Chit Fund Ltd., Rep. By its Foreman K. Chandra Sekhar ..... Petitioner AND Swamy Sreenivas & 3 others .....Respondents HON'BLE SRI JUSTICE P. SWAROOP REDDY CIVIL REVISION PETITION No.436 OF 2009 ORDER: In spite of service of notice, none appeared for respondent Nos.1 to 3. 2. Learned counsel for the petitioner reports that respondent No.4 died and the petitioner is not pressing the petition against him. 3. Heard the learned counsel for the petitioner. 4. Considering the circumstances of the case, the Civil Revision Petition is allowed and the impugned order dated 17-11-2008 in C.M.A. No.11 of 2008 passed by the learned District Judge, Khammam is set aside and consequently I.A. No.66 of 2007 in O.S. No.808 of 2003 on the file of the learned I Additional Junior Civil Judge, Khammam is allowed restoring the suit i.e. O.S. No.808 of 2003 to its file for fresh disposal on merits in accordance with law. No order as to costs. ______________________ P. SWAROOP REDDY, J August 20, 2009. PV