HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 1905 of 2010 Date: 27-01-2011 Between: Kareemuddin Khan Jeelani ……. Petitioner and The State of A.P. and others ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 1905 of 2010 ORDER: Heard both sides and at their request, the main Civil Revision petition itself is taken up for disposal. The petitioner is the plaintiff, who filed this Civil Revision Petition under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the dismissal order, dated 21-07- 2008 passed in I.A.No.1053 of 2006 in O.S.No.7061 of 2001 on the file of the VI Junior Civil Judge, City Civil Court, Hyderabad, which has been filed under Order 9 Rule 9 of C.P.C. for restoration of the suit, and also assailing the confirmation of the said order, dated 21-07-2008 in the Appeal in C.M.A.No.217 of 2008. Having heard the counsel and also on perusal of the material available on record, it is seen that the dispute in the main suit is one for demarcation and perpetual injunction, which has been seriously contested by the respondents as it involved substantive rights of the parties. No doubt both the Courts did not find favour to the petitioner having regard to the number of adjournments the matter undergone and held that he is not entitled for indulgence. But, however, in view of the substantive rights involved, an opportunity should be given to the petitioner. Accordingly, the Civil Revision Petition is allowed. The order, dated 25-01-2010 in C.M.A.No.217 of 2008 and the order, dated 21-07-2008 in I.A.No.1053 of 2006 are set aside. Consequently, I.A.No.1053 of 2006 stands allowed, however, subject to the condition of the petitioner depositing a sum of Rs.1,000/- in the Court below within a period of two weeks from today. On such deposit, the respondents are permitted to withdraw the same without furnishing any security. The Court below shall dispose of the suit on merits, in accordance with law, after giving opportunity to both sides. No order as to costs. _________________ B. PRAKASH RAO, J Date: 27-01-2011 YCR