THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2330 of 2010 (Dated: 02-08-2011) Between: Sigamala Gangamma W/o Penchalaiah …Petitioner A n d Pasupuleti Munirathnamma and others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2330 of 2010 ORDER: This revision is directed against the order dated 19.02.2010 passed in I.A.No.1948 of 2008 in O.S.No.59 of 2002 on the file of the Senior Civil Judge, Rajampet, whereby and whereunder, the learned Senior Civil Judge while allowing the application filed by the petitioner-defendant to set aside the ex parte decree dated 18.12.2008 directed the petitioner-defendant to deposit 1/4th of the suit amount along with suit costs. 2(a). The petitioner is the defendant and whereas the respondent is the plaintiff in O.S.No.59 of 2002. The plaintiff filed the suit for declaration of title and recovery of possession. The defendant entered appearance and filed written statement. The trial Court settled the issues and thereupon, the plaintiff commenced his evidence. Because of the defendant’s failure to cross-examine PW-1, costs came to be imposed. Even then, the defendant failed to proceed with the cross- examination of PW-1. Consequently, an ex parte decree came to be passed against the defendant on 18.12.2008. 2(b) The defendant filed I.A.No.1948 of 2008 to set aside the ex parte decree. In the affidavit filed in support of I.A.No.1948 of 2008, the defendant pleaded that his counsel could not attend the Court on 18.12.2008 because of some bereavement in his family. The plaintiff filed counter resisting the application. 3. The learned Senior Civil Judge, on considering the material brought on record and on hearing the counsel appearing for the parties, proceeded to allow the application, however, imposed condition on the defendant to deposit 1/4th of the suit amount. The said conditional order is challenged in this revision. 4. Notice before admission came to be ordered on 11.6.2010. The petitioner has been directed to take out notice to the respondent by registered post acknowledgment due and file proof of service. The petitioner has also been permitted to take out notice to the counsel, who appeared on behalf of the respondent in O.S.No.59 of 2002 on the file of Senior Civil Judge, Rajampet. Pursuant to the directions, the petitioner took out notice to the respondents through counsel appeared on their behalf in the lower court and filed proof of service. 5. Despite service of notice, none appeared on behalf of the respondents. 6. Heard learned counsel appearing for the petitioner and perused the order impugned in the revision. 7. Learned counsel appearing for the petitioner submits that the suit is one for declaration of title and recovery of possession and therefore, question of deposit of 1/4th of the amount does not arise. Learned counsel placed on record copy of the plaint in O.S.No.59 of 2002 in support of his submissions. As seen from the plaint copy, the relief sought for reads as hereunder:- “ It is therefore prayed that this Hon’ble Court may be pleased to grant: 1. a decree to declare the title of the plaintiffs to the plaint schedule suit 2. directing the defendant to deliver the vacant position of the suit site within the time stipulated by the Hon’ble Court, if the defendant failed to do so, the Hon’ble Court may be deliver to the suit due process of law at the costs of the plaintiffs (sic) 3. To award the costs of the suit 4. to grant such other relief as this Hon’ble Court deems fit and just in the circumstances of the case” 8. It is explicit from the record that the learned Senior Civil Judge without noticing the relief sought for in the application, proceeded to impose the condition of deposit of 1/4th of the suit amount. Therefore, the order passed by the learned Senior Civil Judge to the extent of imposing costs of 1/4th of the amount, cannot be sustained. 9. Accordingly, the Civil Revision Petition is allowed setting aside the condition of deposit of 1/4th of the suit amount. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.02-08-2011 *RAR