N. Paul Vasantha Kumar, CJ.

1. This revision petition is filed challenging the judgment and order dated 08.04.2010 passed by 1st Additional District Judge Jammu in file No. 54-A. The appeal was filed against the decree and judgment dated 11.02.2008 which was passed in ex-parte. The respondents herein filed an application under order 9 Rule 13 CPC on 26.08.2009. When the respondents did not get the order as prayed for, they have filed an appeal against the judgment and decree dated 11.02.2008 in the Appellate Court where the condonation application was also filed and the same was also allowed.

2. Learned counsel appearing for the respondents submits that the respondents will be withdrawing the appeal and the directions may be issued to the trial Court to dispose of the application filed on 26.08.2009 seeking to set aside the ex parte decree.

3. This Court on 22.04.2010 stayed the proceedings before the appellate Court. The apprehension of the respondents is that the petitioner may execute the decree in spite of the order of status quo. The said apprehension is unwarranted and the status quo as on today has been maintained.

4. The submissions of learned senior counsel is recorded