THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No.608 of 2009 ORDER: The respondents filed O.S.No.1597 of 2001 in the court of the III Additional Rent Controller-cum-XV Junior Civil Judge, Hyderabad, against the appellant for eviction. It was pleaded that the suit premises were owned by the 1st respondent and given on lease to the appellant, and subsequently, the 2nd respondent purchased the same. Through its judgment, dated 04.05.2005, the trial court decreed the suit. The appellant filed A.S.No.388 of 2005 in the court of the XIII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad. The appeal was dismissed for default on 17.12.2007. The appellant filed I.A.No.22 of 2008 under Order 41 Rule 19 CPC with a prayer to re-admit the appeal. The lower appellate court dismissed the I.A., through order, dated 08.04.2009. Hence this appeal. Heard Sri V. Eswaraiah Chowdary, learned counsel for the appellant. On the notices sent to the respondents, it was endorsed that ‘the addressee has not claimed it’. Hence, it is deemed that the respondents are served with notices. Before the appeal came to be dismissed for default, the lower appellate court gave number of opportunities to the appellant. At one stage, vexed with the non- cooperation on the part of the appellant, the lower appellate court reserved the matter for judgment. Thereupon, the application filed an application with a prayer to reopen the appeal. Even that application was dismissed for default. In the present I.A. also, quite large number of opportunities were given. Still, the petitioner did not turn up. It is stated that the appellant is eking his livelihood by doing business in the suit premises. This Court is of the view that last opportunity deserves to be given to the appellant, subject to certain conditions. Hence, the Civil Miscellaneous Appeal is allowed, and the order under appeal is set aside. A.S.No.388 of 2005 shall stand re-admitted, on conditions that (a) the appellant deposits the entire arrears of rent, if any, within four (4) weeks from today, and (b) the appellant pays a sum of Rs.3,000/- (Rupees Three thousand only) to the respondents, within four (4) weeks from today. Thereupon, the appellant shall be under obligation to advance arguments in the appeal, within one week from the date of its re-admission, and in default, it shall be open to the lower appellate court to dismiss the appeal, without granting any further adjournments. In default of any of the conditions referred to above, the Civil Miscellaneous Appeal shall stand dismissed. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J 22nd September, 2009 CBS HON’BLE SRI JUSTICE L. NARASIMHA REDDY C.M.A.No.608 of 2009 22nd September, 2009 CBS