HON'BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No.184 of 2010 ORDER: This Civil Revision Petition is filed against the docket order dated 20.01.2010 in E.A.No.25 of 2010 in E.A.No.186 of 2009 in E.P. No.293 of 2003 in O.S.No.114 of 1996 on the file of the Principal Junior Civil Judge, Srikakulam. By the docket order dated 20.01.2010, the Court below held that on 30.09.2009 a conditional order was passed permitting the petitioner to adduce evidence on payment of costs of Rs.20/-; the matter was posted to 07.10.2009; on that day, there was no representation for the petitioner though the matter was kept aside till 1.00 P.M; while the petitioner claimed that she was in hospital on 07.10.2009, she did not state as to what happened to her counsel on that day; and though the petitioner’s counsel claimed that he had entrusted the matter to another advocate, none had represented the matter on 07.10.2009. The Court below was of the view that both the petitioner and her counsel had wilfully avoided the Court on 07.10.2009. Having found no merits in the petition, the Court below dismissed the petition. It is wholly unnecessary for this Court to examine the rival contentions in as much as Sri A.Rama Rao, Learned Counsel for the petitioner, would submit that, even during the pendency of the E.P., the petitioner had deposited Rs.15,000/-; thereafter, pursuant to the interim directions in this C.R.P, she had deposited a further sum of Rs.12,500/-; and in all she had deposited Rs.27,500/- as against the principal amount of Rs.29,000/-. Since the application was dismissed for non-appearance and, as the E.P. amount inclusive of interest would be around Rs.40,000/-, I consider it appropriate to set aside the impugned order and restore the E.A. subject to the following conditions:- “The petitioner shall, within three weeks from today, deposit a further sum of Rs.12,500/- i.e. Rs.40,000/- in all; and shall pay costs of Rs.500/- to the first respondent-decree holder.” On deposit of the amount aforesaid, and on payment of costs, both of which are required to be paid within three weeks from today, the E.A. shall stand restored to file and the Court below shall adjudicate the same in accordance with law. It is made clear that non-compliance of the order would result in revival of the order under revision, and the Court below shall be free to take further action in accordance with law. The Civil Revision Petition is, accordingly, disposed of. RAMESH RANGANATHAN,J Dt:09-09-2010 Note:CC by Monday bo usd