THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.333 of 2006 Date:24.09.2009 Between: T. Dharmender Reddy. ..Petitioner and Jakka Laxma Reddy and others. ..Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.333 of 2006 ORDER: The petitioner filed O.S.No.1097 of 2002 in the Court of the Principal Junior Civil Judge, Ranga Reddy District, against the respondents for the relief of perpetual injunction in respect of various items of the suit schedule property. An ex parte decree was passed in the suit on 28.06.2003. Respondent Nos.1 to 3, who figured as defendant Nos.4 to 6 in the suit, filed an application under Order IX Rule 13 C.P.C. with a prayer to set aside the ex parte decree. Since there was delay of 340 days in filing the petition, they filed I.A.No.4928 of 2004 in O.S.No.1097 of 2002 under Section 5 of the Limitation Act, 1963. The petitioner opposed the application. Through its order dated 12.12.2005, the trial Court allowed the said I.A. on payment of costs of Rs.200/-. The said order is challenged in this revision. Heard Sri Vedula Venkataramana, learned counsel for the petitioner and Sri G. Sudhakar Reddy, learned counsel for the contesting respondents. Respondent Nos.1 to 3 filed a detailed affidavit before the trial Court touching the merits of the matter as well as the circumstances that gave rise to their nonparticipation in the suit. It was pleaded that first respondent, who was looking after the interests of other respondents i.e., respondent Nos.2 and 3, suffered ill-health at the relevant point of time. Though no proof of ill-health was placed before the trial Court, the relevant facts were taken into account and the delay was condoned. It is purely in the realm of discretion and the petitioner cannot be said to have suffered detriment. The order under revision has only the effect of paving way for adjudication of the matter on merits. The record discloses that no interim order was passed in the revision. By this time the suit might have been disposed of in all probability. Hence, this Civil Revision Petition is closed. It is directed that in case the suit is still pending, the trial Court shall ensure disposal of the same as early as possible. There shall be no order as to costs. ________________________ (L. NARASIMHA REDDY, J) 24th September, 2009 GHN