THE HON’BLE SRI JUSTICE SANJAY KUMAR C.R.P.No.755 of 2006 Date: 24.06.2010 Between:
Vanga Nageswara Rao … Petitioner AND Serumahandrapurapu Kota Durga … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR C.R.P. No.755 of 2006 ORDER:
This Civil Revision Petition arises out of the order dated 09.11.2005 passed by the Senior Civil Judge, Kovvur in I.A.No.1728 of 2004 in an unnumbered A.S. of 2004. By the said order, the lower appellate Court refused to condone the delay of 192 days in the filing of the appeal and dismissed the application seeking condonation of the said delay.
At the time of admission of the C.R.P., this Court granted interim stay of further proceedings in O.S.No.669 of 2000 on the file of I Additional Junior Civil Judge, Kovvur, from which the said appeal arose, pending the civil revision petition subject to the condition that the petitioner deposits 25% of the decretal amount to the credit of the suit within 4 weeks.
The learned counsel for the petitioner fairly submits that the conditional order has not been complied with.
In view of the failure of the petitioner to comply with the condition imposed by this Court at the time of granting of the stay order and given the facts of the case, this Court is not inclined to hear this C.R.P. The failure of the petitioner amounts to abuse of process depriving him of entitlement to have his case heard on merits. The C.R.P. is accordingly dismissed. No costs.
SANJAY KUMAR, J Date: 24.06.2010 Isn