THE HON’BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NO.245 OF 2010 O R D E R Heard both the counsel. 2. The petitioner is Agricultural Market Committee, Bansawada and it is represented by its Assistant Secretary. It filed the suit in O.S.No.2/2003, for perpetual injunction against the defendants 1 to 3. After the issues were framed and as the plaintiff did not proceed with the trial of the suit, the suit was dismissed for default 15.12.2008. The plaintiff filed the petition in I.A.No.1/2009 in O.S.No.2/2003 for setting aside the default order and by order dated 18.6.2009 the said I.A. was dismissed. In the appeal in C.M.A.No.3/2009 the court of Senior Civil Judge, Bodhan, confirmed the order of the trial court and hence the revision by the plaintiff. 3. One T.Gangadhar, who is the In-charge Secretary of the plaintiff filed affidavit and stated that on the relevant date, he went to Birkur and as such he could not attend the court and stated that no prejudice will be caused to the defendants if the default order is set aside. 4. From the material on record it could be seen that the matter underwent several adjournments and the earlier adjournments were granted by imposing costs. However, having regard to the nature of the suit and the property involved and also having regard to the facts and circumstances and as no counter affidavit is filed by the respondents before the courts below opposing the petition, I am of the view that ends of justice would be met by setting aside the impugned order by imposing costs. 5. Accordingly the impugned order dated 2.12.2009 in C.M.A.No.3/2009 in confirming the order dated 18.6.2009 in I.A.No.1/2009 in O.S.No.2/2003, is set aside and consequently I.A.No.1/2009 in O.S.No.2/2003 is allowed, subject to payment of costs of Rs.5,000/- (Rupees five thousand only)by the In-charge Secretary of the plaintiff, to the defendants within a period of two weeks from the date of receipt of a copy of this order. 6. The revision is accordingly allowed with costs. AVS ------------------------------------- 08—10—2010