Kotha Damodar Reddy v. Smt.Kotha , Nallapu Anitha

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2652 OF 2015 ORDER:

The present criminal revision case is filed by the petitioners challenging the order, dated 14.08.2015, passed in Crl.M.P.No.18 of 2014 in M.C. No.28 of 2012 by the Court of Judge, Family Court-cum-III Additional District Judge, Warangal, whereby the Court below allowed the application filed by the petitioner herein seeking to set aside the ex parte order, dated 13.12.2013 on condition of the petitioner paying the remaining arrears amount, in default of clearing the arrears, the petition stands dismissed.

Heard and perused the records.

Learned counsel for the petitioner submits that the petitioner herein is unable to pay the remaining arrears at one time and as such, prays this Court to permit him to pay the arrears in three instalments and further, to set aside the order impunged. Considering the facts and circumstances of the case, the criminal revision case is disposed of with the following directions. (i) The petitioner herein is directed to pay the remaining arrears payable to the respondents 1 to 3 herein in three equal instalments, i.e., by the end of December, 2015, January, 2016 and February, 2016 respectively. (ii) The order dated 14.08.2015 passed in Crl.M.P.No.18 of 2014 in M.C.No.28 of 2012 is hereby set aside; and (iii) The trial Court is directed to restore M.C.No.28 of 2012 on its file and dispose of the same as expeditiously as possible, preferably within a period of six months, without being influenced by the order of this Court. With the above directions, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 07.11.2015 pln