HON’BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO C.R.P.No. 5499 of 2010 Date: 26-11-2010 Between M/s. Fantoosh India rep by its Managing Partner ………… Petitioner And M/s. Swathi Hosiery & Readymade, Rep by its proprietor Mr. M. Ramdas …… Respondent HON’BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO C.R.P.No. 5499 of 2010 ORDER: The petitioners are the plaintiffs who, in this Revision Petition filed under Section 115 of C.P.C., seeks to assail the order, dated 28- 06-2010 passed in I.A.No.265 of 2009 in O.S.No.25 of 2003 on the file of the XIV Additional Chief Judge, City Civil Court, Hyderabad, wherein the application was filed under Section 5 of the Limitation Act seeking condonation of the delay in filing the application for restoration of the suit, which was decreed ex parte. The Court below, by taking into account the reasons given and the circumstances, allowed the application on payment of costs of Rs.100/- to the other side. In view of the same and especially in view of the discretion exercised by the Court below, which only amounts to giving opportunity to have the case contested on merits rather than allowing one side order, I do not find any ground to interfere with the impugned order. Hence, the Civil Revision Petition is dismissed. No order as to costs. ____________________ B. PRAKASH RAO, HACJ Date: 26-11-2010 YCR