Kurva Raju v. Kurva Sanjeeva

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CIVIL REVISION PETITION No.2268 of 2016 ORDER :

This revision is filed, under Article 227 of Constitution of India, by the petitioner-defendant, challenging the order, dated 29.02.2016, passed by the Junior Civil Judge, Tandur, Ranga Reddy District, in I.A.No.14 of 2016 in O.S.No.70 of 2007, whereby the petition filed under Section 151 C.P.C. to set aside the order, dated 13.11.2015, and permit the defendant to lead evidence in the suit was dismissed. Aggrieved by the order, the present revision is filed on various grounds.

2.

At the time of hearing, learned counsel for the respondent/plaintiff requested this Court to dispose of the revision by imposing certain conditions and costs without raising any substantial objection regarding the cause.

3.

Taking into consideration the request made by the learned counsel for the respondent, without going into the merits of the case, I deem it appropriate to allow this petition on costs of Rs.2,000/- (Rupees two thousand only) to the respondent and with a further direction that the trial Court shall fix a date for adducing evidence of defendant and on such date, the defendant shall adduce evidence. In the event of failure to comply any of the directions above, the petition shall stand dismissed automatically.

4.

Learned counsel for the defendant paid costs of Rs.2,000/- today itself.

5.

With the above observation and directions, the revision is disposed of with the consent of both parties. 6.

As a sequel, miscellaneous petitions pending, if any, shall stand dismissed.

_________________________________ M. SATYANARAYANA MURTHY, J 16th June 2017 mar