THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.1252 of 2010 (Dated : 06.8.2010) Between: Lottapalli Guravaiah S/o Venkateshwarlu Damarcherla Mandal, Nalgonda District ….Petitioner A n d Lottapally Thirupathaiah and others ..Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.1252 of 2010 ORDER: This revision is directed against the order dated 11.12.2009 passed in I.A.No.628 of 2009 in O.S.No.159 of 2009 on the file of the Additional Junior Civil Judge, Miryalaguda, whereby and whereunder, the learned Additional Junior Civil Judge dismissed the application filed by the petitioner-1st defendant under Section 151 C.P.C to receive the written statement by recalling the forfeiture orders dated 29.9.2009. 2. Heard learned counsel appearing for the parties. 3. Learned counsel appearing for the petitioner-1st defendant submits that the petitioner-1st defendant could not file written statement on 29.9.2009 since certain documents were required to be obtained from the Mandal Revenue Officer. A further submission has been made that the defendant filed written statement along with an application under Section 151 CPC. However, the learned Additional Junior Civil Judge dismissed the application on the ground that the petitioner-1st defendant failed to file written statement within the stipulated period of 90 days. It is stated by the learned counsel appearing for the petitioner-1st defendant that the trial Court has not considered the reasons assigned by the petitioner for not filing written statement within the stipulated period. 4. Learned counsel appearing for the respondents supported the order impugned in the revision. 5. Respondents 1 to 3 herein filed the suit for partition and separate possession of their respective shares. The petitioner-1st defendant could not file the written statement within the time allowed by the trial Court. Therefore, he filed an application being I.A.No.628 of 2009 to condone delay in filing the written statement and to recall the order of forfeiture dated 29.9.2009 and receive the written statement. Indeed, he filed written statement along with the said application. Since the suit relates to partition of the properties, I am of the view that delay in filing written statement can be condoned on payment of costs of Rs.500/-. 6. Accordingly, the Civil Revision Petition is allowed setting aside the order dated 11.12.2009 passed in I.A.No.628 of 2009 in O.S.No.159 of 2009 subject to the petitioner depositing costs of Rs.500/- in the trial Court within 15 days. On such deposit, the trial Court has to receive the written statement. _____________________ B.SESHASAYANA REDDY, J Dt.06-8-2010 Note:- Issue C.C within three days (B/o) RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.1252 of 2010 (Dated : 06.8.2010)