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High Court for State of TelanganaCRP/33/2017disposed of no costs

Mandagiri Devi, v. Lt.Col.Mamilla Janardhana Naidu,

2017-04-13A Ramalingeswara Rao1 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.33 OF 2017 ORDER:

This civil revision petition is filed by the petitioner in I.A.No.1079 of 2011 in O.S.No.152 of 2010 before the Senior Civil Judge, Markapur. The petitioner is the third defendant in O.S.No.152 of 2010. She filed a petition under Order IX Rule 13 of the Code of Civil Procedure (CPC) seeking to set aside the ex parte decree, dated 31.03.2011. The said application was allowed by order, dated 11.08.2016 on condition of the petitioner depositing the suit amount before the Court on or before 26.08.2016. Challenging the said order, the present civil revision petition is filed. This revision petition is adjourned from time to time and ultimately on the last occasion, it was adjourned on 23.02.2017 in order to get instructions with regard to deposit of amount, and the learned counsel for the petitioner, on instructions, submits that the petitioner would deposit the amount received towards compensation before the Court on or before 03.06.2017.

In view of the same, the time for depositing the amount ordered in order dated 11.08.2016 is extended upto 03.06.2017, failing which, I.A.No.1079 of 2011 shall stand dismissed and the lower Court can proceed with the case.

The civil revision petition is accordingly disposed of. Consequently, miscellaneous petitions, if any pending, in the civil revision petition shall stand closed.

__________________________ A.RAMALINGESWARA RAO, J 13.04.2017 pln