THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 3004 of 2009 ORDER: 1. This Civil Revision Petition is filed against the judgment dated 09.04.2009 in C.M.A. No. 1 of 2009 on the file of the Senior Civil Judge, Gudur. 2. The petitioner herein is the plaintiff, and the respondents 1 to 3 herein are defendants 4 to 6, and the respondents 4 to 6 are defendants 1 to 3, respectively, in Original Suit No.107 of 2000 on the file of the Junior Civil Judge, Gudur. 3. The suit is filed for partition of the plaint schedule property. The trial Court set the defendants ex parte on 20.3.2002 and an ex parte decree was passed on the same day. Thereafter, the defendants 4 to 6 filed I.A. No.329 of 2008 before the trial Court under Order IX Rule 13 C.P.C. to set aside the ex parte decree dated 20.3.2002. By order dated 01.09.2008, that petition was dismissed by the trial Court on the ground that the petition is barred by limitation and no petition is filed for condonation of delay in filing of the petition. Aggrieved by the same, the defendants 4 to 6 filed C.M.A. No.1 of 2009 before the Senior Civil Judge, Gudur. By the impugned order, the appellate court, while setting aside the order of the trial Court, directed the defendants 4 to 6 to file a petition under Section 5 of the Limitation Act, 1963 as the petition under Order IX Rule 13 C.P.C. was not filed within time. Challenging the same, the present revision is filed by the plaintiff. 4. Heard both sides. 5. No doubt, the appellate court ought not to have given advice to the respondents 1 to 3/defendants 4 to 6 to file an application under Section 5 of the Limitation Act, 1963. However, in pursuance of the said direction, a petition is filed under Section 5 of the Limitation Act, 1963 to condone the delay in filing the petition under Order IX Rule 13 C.P.C., and the same is pending as no orders have been passed therein in view of the interim stay granted in this revision. Therefore, necessary orders have to be passed in the petition filed under Section 5 of the Limitation Act, 1963, and thereafter only, question of considering the application filed under Order IX Rule 13 C.P.C. would arise. 6. Therefore, without adverting to the merits, the Civil Revision Petition is disposed of, directing the trial Court to pass appropriate orders in accordance with law in the petition filed under Section 5 of the Limitation Act, 1963, within a period of three weeks from the date of receipt of a copy of this Order. No costs. --------------------- (K.C.Bhanu, J.) 01.10.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 3004 of 2009 01.10.2010 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 3004 of 2009 01.10.2010 Between: Nallamothu Venkata Rayulu …Petitioner And Chemakurthi Radhamma & others …Respondents