THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA C.R.P.No.6300 of 2009 ORDER: The petitioner is the Judgment Debtor. He has impugned the order dated 07.12.2009 passed in E.A.No.839 of 2009 in E.A.No.802 of 2009 in E.P.No.227 of 2007 in O.S.No.244 of 2002 on the file of the I Additional Senior Civil Judge, Eluru, West Godavari District. The said E.A. was filed for restoration of the set aside petition. The decree holder has filed E.P.No.227 of 2007 for execution of the decree and the said E.P. was posted for 07.10.2009. However, as the petitioner did not appear on the said date, the Court below passed an ex parte order against the petitioner. The petitioner filed E.A.No.802 of 2009 for setting aside the ex parte order dated 07.10.2009 and the Executing Court passed conditional order on 20.10.2009 by imposing condition that the petitioner/judgment debtor shall pay costs of Rs.100/- to the decree holder and shall also file counter in the E.P. on or before 06.11.2009. Despite the aforementioned order, the petitioner did not file his counter and as the condition was not fulfilled, the Court below dismissed the said E.A. vide order dated 06.11.2009 and posted the matter for 13.11.2009 for settlement of sale terms. Aggrieved by the same, the petitioner has filed the present E.A. and the same was dismissed by the Court below vide order dated 07.12.2009. It is against this order, the petitioner has come up before this Court. This Court on 31.12.2009 while issuing notice before admission to the respondents passed interim order directing the petitioner to deposit 1/3rd of the E.P. amount. Counsel for the parties’ state that the interim order passed by this Court has been duly complied with. Counsel for the petitioner states that as 1/3rd of the E.P. amount has already been deposited by the petitioner, this revision be allowed and the ex parte order passed in E.P.No.227 of 2007 be set aside and the case be remitted back to the Executing Court for deciding the case on merits. Therefore, this revision petition is allowed and the ex parte order dated 07.10.2009 passed in E.P.No.227 of 2007 is set aside. The case is remitted back to the Executing Court for deciding the case on merits. The petitioner shall file his counter within a period of four weeks from today. ___________________ ASHUTOSH MOHUNTA, J Dt.19.09.2011 Note: CC within three days. b.o. lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA C.R.P.No. 6300 of 2009 Dt. 19.09.2011