HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.2596 of 2014 Date : 18-10-2014 Between:
K. Seshagiri Rao and another .. Petitioners And K. Shanker Rao ..
Respondent Counsel for petitioners : Sri M.V. Pavan Kumar Counsel for respondent : Sri P. Subba Reddy The Court made the following :
ORDER:
This Civil Revision Petition arises out of order dated 22-4-2014 in I.A.No.952 of 2011 in O.S.No.1697 of 2006 whereby the learned II Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar, condoned the delay of 1523 days in filing the application for setting aside exparte decree dated 19-6-2007, subject to the petitioners depositing Rs.1 lakh to the credit of the suit in the lower Court.
Both on 20-9-2014 and today, Counsel for the respondent has not been present.
At the hearing, Sri M.V. Pavan Kumar, learned Counsel for the petitioners, relied upon the Judgment of this Court in Cherukuri Malakondaiah and another Vs. State
[1]
Bank of India, Kanigiri in support of his submission that any conditions to be stipulated by the Courts below while setting aside exparte decrees must be reasonable and not onerous or harshly excessive. In the said case, this Court has set-aside the direction given by the lower Court to deposit the entire suit claim as a condition for setting aside the exparte decree and directed the defendants to deposit 50% of the suit claim, excluding interest.
Following the ratio in the above mentioned Judgment, the order of the lower Court is modified by directing the petitioners to deposit 50% of the suit claim, excluding interest, within one month from today. The amount so deposited shall be kept in interest yielding fixed deposit in a Nationalised Bank which shall be subject to the result of the suit.
The Civil Revision Petition is accordingly allowed to the extent indicated above.
As a sequel to the disposal of the Civil Revision Petition, CRPMP No.3607 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 18-10-2014 AM
[1] 2014(1) ALT 186