THE HON'BLE Ms. JUSTICE G.ROHINI CIVIL REVISION PETITION No. 2409 OF 2010 Dated: 29.09.2010 Between: Bada Venkata Reddy ..... PETITIONER AND D.Amarendra Kumar Reddy and another .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI CIVIL REVISION PETITION No. 2409 OF 2010 ORDER : The revision petitioner is the defendant in O.S.No.2 of 2009 on the file of the Court of the District Judge, Anantapur. The suit was filed by the respondents herein for specific performance of an agreement of sale dated 19.02.2008 and the same was decreed ex parte on 30.09.2009 as the defendant failed to file the written statement and there was no representation on his behalf. Thereafter, the petitioner filed I.A.No.1248 of 2009 under Order 9 Rule 13 of C.P.C. to set aside the ex parte decree. The said application was allowed by order dated 29.03.2010 subject to condition of depositing costs in the suit and also to pay costs of Rs.2,000/- by 13.04.2010. Challenging the said order to the extent of condition for depositing suit costs, the present revision petition is filed by the defendant. Having heard the learned counsel for the petitioner and having perused the material available on record, I am unable to hold that the condition imposed by the Court below while setting aside the ex parte decree amounts to material irregularity in exercise of jurisdiction conferred under law. The law is well settled that while setting aside the ex parte decree the Court may impose such condition as it may consider necessary and such condition may include direction to deposit costs or the decretal amount or any portion thereof. However, such consideration should be a reasonable one and not harshly excessive (vide Vakati Prabhakar Reddy vs. Tenali Mohan Rao 2002(2) APLJ. 313). As the condition imposed in the present case cannot be held to be unreasonable, interference by this Court in exercise of revisional jurisdiction under Section 115 of C.P.C. is not warranted. However, in the facts and circumstances of the case, the time for complying with the condition imposed by the Court below shall stand extended up to 07.10.2010. The Civil Revision Petition is accordingly disposed of. No costs. ___________ G. ROHINI, J Date: 29.09.2010 Note: Issue CC of order by tomorrow (B/o) Ivd