Gajula Balaram v. Gajula Mallika And Another

HON'BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO CIVIL REVISION PETITION No.1846 of 2018 ORDER:

This revision is filed by the petitioner, aggrieved by the order and decree dated 20.12.2017 in I.A.No.1044 of 2016 in F.C.O.P.No.13 of 2016 passed by the Family-cum-VIII Additional District Judge, Prakasam at Ongole.

2) Heard both sides. Perused the impugned order of the lower Court, the grounds of revision, petition and counter in passing the impugned order.

3) In fact, from perusal of the material, this Court passed an interim order on 23.03.2018 as follows:

" Heard.

Notice before admission.

Learned counsel for the petitioner/ s is permitted to take out personal notice to the respondent/ s and also to the advocate appearing in the lower Court if any by registered post with acknowledgment due and file proof of service into the Registry. Post on 24.04.2018.

There shall be interim stay of the order dated 20.12.2017 in I.A.No.1044 of 2016 in F.C.O.P.No.13 of 2016 passed by the Family-cum-VIII Additional District Judge, Prakasam at Ongole, subject to condition of the petitioner depositing entire arrears of maintenance @ Rs.5,000/ - p.m. and Rs.3,000/ - p.m. to respondent Nos.1 and 2 respectively, within a period of one month from today and shall continue to pay maintenance at the above mentioned rates on or before 5th of every calendar month, failing which the stay granted shall stand vacated." 4) Hence, it is just to hold the said interim order good and make it absolute, by allowing the revision to that extent by granting time to pay all the arrears on or before 04.06.2018,

failing which the respondents are entitled to file an application under Section 151 C.P.C., to direct the revision petitioner, who is the petitioner in F.C.O.P.No.13 of 2016 either to pay the arrears or to dismiss the said F.C.O.P. for non-compliance with the order. 5) Accordingly, the Civil Revision Petition is disposed of. 6) Consequently, miscellaneous petitions, if any shall stand closed. No order as to costs.

___________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 30.04.2018 pab