THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No.1315 OF 2008 ORDER: The order of the Junior Civil Judge, Kothavalasa, in I.A. No.367 of 2007 in O.S. No.13 of 2006 dated 28.12.2007, is the subject matter of challenge in this Revision under Article 227 of the Constitution of India. The petitioner herein is the defendant in the Suit filed seeking permanent injunction over the plaint schedule property of dry land of an extent of Ac.0.57 cts in Sy. No.334 of Cheedivalasa village, Cheepuravalasa revenue, Kothavalasa Mandal, Vizianagaram District. The I.A. was filed, to receive the documents issued by the Mandal Revenue Officer and an unregistered partition deed dated 01.09.1982, on the plea that the said documents were misplaced and could not, therefore, be filed along with the written statement. The Court below allowed the petition subject to costs of Rs.100/- payable to the respondent on or before 17.01.2008, failing which the petition shall stand cancelled. As the petitioner herein failed to pay the costs in time, I.A. No.367 of 2007 in O.S. No.13 of 2006 was, itself, dismissed on 21.01.2008. Sri P. Durga Prasad, Learned Counsel for the petitioner, would assert that, in view of the intervening Sankranthi vacation, the petitioner herein was unable to pay the costs in time. Despite service of notice, neither are the respondents present nor are they represented by Counsel. The order of the Court below dismissing the I.A, on the ground the petitioner had failed to pay the costs within time, cannot be faulted. The fact, however, remains that the I.A. was filed to receive certain documents which may well have a bearing on the result of the suit. Ends of justice would, therefore, be met if the order of the Court below is set aside and I.A. No.367 of 2007 is allowed on terms. In case the petitioner pays Rs.2,500/- as costs on or before 15.07.2010, the Court below shall permit him to file the documents referred to in I.A. No.367 of 2007 and proceed further to decide the suit in accordance with law. The petitioner shall deposit the said sum of Rs.2,500/- to the credit of the Suit in O.S. No.13 of 2006 on or before 15.07.2010 and, on such deposit, the 1st respondent herein shall be permitted to withdraw the said amount. Failure to pay the costs, as aforementioned before the stipulated time, would entail revival of the order under revision, and the Court below shall be entitled to proceed and hear the suit without the documents in question. The C.R.P. is disposed of accordingly. _____________________________ RAMESH RANGANATHAN,J 17th June 2010 MRKR Note: Issue copy by one week. B/o MRKR