HONOURABLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION NO: 2353 of 2009 ORDER: The respondent filed O.S.No.112 of 1999 in the Court of Senior Civil Judge, Kadapa, for foreclosure of a mortgage. The suit was decreed ex parte on 01/02/2001. The petitioner filed an application under Order IX Rule 13 CPC with a prayer to set aside the ex parte decree. Since there was delay of 1268 days, the petitioner filed an application under Section 5 of the Limitation Act. The application was opposed by the respondent. Through its order dated 02/03/2009, the trial Court allowed the application by imposing a condition that the petitioner shall deposit half of the decretal amount with interest and costs as accrued up to the date of filing of the petition. The petitioner feels aggrieved by the condition imposed by the trial Court. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The trial Court was satisfied that the delay in filing the application to set aside the ex parte decree was properly explained. However, to protect the interests of the parties, it has directed that half of the decretal amount shall be deposited. The transaction is no doubt covered by a mortgage. All the same, the petitioner is burdened heavily even while the decree is being set aside. This Court is of the view that ends of justice would be met if the petitioner is required to deposit a sum of Rs.50,000/-. He has already deposited a sum of Rs.25,000/- in compliance of the conditions imposed by this Court while granting stay. Hence, the Civil Revision Petition is partly allowed modifying the condition imposed by the trial Court to the effect that the petitioner shall deposit a further sum of Rs.25,000/- within four weeks from today in addition to what has already been deposited. The amount shall remain to the credit of the suit till its disposal. The trial Court shall endeavour to dispose of the suit within a period of six months from such deposit. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 08th June, 2010 SKM