THE HONOURABLE SRI JUSTICE N.V. RAMANA and THE HONOURABLE SRI JUSTICE K.S. APPA RAO CIVIL MISCELLANEOUS APPEAL No.942 of 2010 JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana) This civil miscellaneous appeal is filed against the order dated 08.07.2010 passed in I.A. No. 2332 of 2009 in O.S. No. 251 of 2008 by the Principal District Judge, Ranga Reddy District, dismissing the petition filed by the appellant, defendant No.1 in the suit, seeking to set aside the ex parte judgment and decree dated 01.05.2009 passed against him in the suit. Learned counsel for the appellant submits that the appellant was out of station during Sankranthi Vacation - 2009 and at that time, the counsel appearing for him before the Court below changed the premises of his office and as the counsel also lost his cell phone, there was change in his cell phone number, and therefore, the appellant could not contact his counsel and in the meanwhile the Court below passed the ex parte judgment on 01.05.2009, and that the appellant could contact his counsel only on 03.05.2009 and on that he was informed about the ex parte judgment passed against him. He further submits that the suit filed by the appellant in O.S. No. 2030 of 2007 for perpetual injunction was decreed ex parte against the respondents and suppressing the same, the respondents filed the present suit, and thus there is every necessity to adjudicate the present suit on merits, by setting aside the ex parte judgment passed against the appellant. He also filed copies of the judgment and decree passed in the said O.S. No. 2030 of 2007. The appellant also filed an undertaking before this Court on 21.02.2011, stating that he will not alienate, mortgage or lease out the schedule property, which consists a shed, or create any third party interest in respect thereof, or change its nature, pending disposal of the suit. Having regard to the fact that the appellant obtained ex parte judgment against the respondents in respect of the schedule property and considering the undertaking given by him to this Court that he will not alienate, mortgage and lease out the schedule property, pending disposal of the present suit, we are of the considered opinion that the ends of justice would be met, if the appellant is given an opportunity to contest the present suit so that the matter is decided on merits. Accordingly, placing on record the undertaking dated 21.02.2011 of the appellant, the civil miscellaneous appeal is allowed and the order under appeal is set aside. Consequently, the present I.A. is allowed and the Court below is directed to dispose of the suit on merits. No order as to costs. _____________ N.V. RAMANA, J ______________ K.S. APPA RAO, J 23rd February, 2011 IBL