HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.R.P. No.1662 of 2014 Between:
Narala Mose Raju @ Raju And Tatikonda Jeeva Ratnam and another … Petitioner/1st Defendant … Respondent/Plaintiff THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.R.P. No.1662 of 2014 ORDER:
This revision petition has been filed against the order made in I.A. No.512 of 2013 in O.S. No.285 of 2010 on the file of the Court of II Additional Senior Civil Judge, Kakinada, dated 03.04.2014.
I.A. No.512 of 2013 in O.S. No.285 of 2010 was filed by the revision petitioner, who is the 1st defendant in the suit, under Order IX Rule 13 CPC for setting aside the ex parte decree dated 07.10.2010 passed in the said suit. The said application was filed, inter alia, on the ground that the suit is filed based on a forged document and that he is not aware of the suit. Wherein, the learned Senior Civil Judge passed the following order, which reads as under.
“Under the above circumstances it is appropriate to allow this petition only on huge terms. Accordingly this petition is allowed on deposit of 25% of the suit amount by the respondent/defendant to the suit account within 15 days from now, besides suit costs, else this petition shall stands dismissed. Call on 3.4.2014.”
When the matter has been taken up for hearing, the learned counsel for the petitioner would submit that if some reasonable time is granted for compliance of the impugned order, petitioner will comply with the same and will pursue the matter in the Court below.
In view of the said submission made by the learned counsel for the petitioner, without going into the merits of the case, this revision petition is disposed of granting two weeks time, from the date of receipt of a copy of this order, for compliance of the impugned order. However, the Court below may proceed in the matter, in accordance with law.
With the above, this revision petition is disposed of. As a sequel, miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs.
JUSTICE G.CHANDRAIAH Date: 13.06.2014 LSK