HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 3421 OF 2010 Saturday, the Twenty Seventh day of August, Two Thousand and Eleven Between Shaik Mastan Vali Petitioner AND Shaik Hasen Bi Respondent ORDER: Heard both the counsel. The plaintiff filed the suit O.S. No. 1821 of 2006 on the file of the II Addl. Junior Civil Judge, Guntur against the respondent herein seeking permanent injunction. After filing the chief affidavit, the matter was posted for marking of the documents on 18.2.2009. On that day, as the plaintiff was not present, the suit was dismissed for default. Therefore, the petitioner filed IA No. 315 of 2009 in the said suit OS No. 1821 of 2006 for setting aside the default order and the same was allowed subject to payment of costs of Rs.100/- and on further condition to examine the witness on 16.6.2009. On 16.6.2009, the petitioner was unable to attend the court on the ground that he was suffering with loose motions and sun’s stroke and, therefore, he was unable to comply the orders passed in IA No. 315 of 2009 dated 17.9.2009 and, as such, the same was dismissed. Aggrieved by the order dated 17.9.2005 in IA No. 315 of 2009, the petitioner filed CMA No. 7 of 2010 and the learned District Judge, Guntur, by order dated 29.4.2010 dismissed the CMA, against which the present Civil Revision Petition is filed. Absolutely there cannot be any justification for the petitioner/ plaintiff in not complying with the conditional order by appearing himself on 16.6.2009. But, however, the petitioner being the plaintiff and having regard to the facts and circumstances of the case, I am of the opinion that the court below ought to have allowed the application imposing some costs. Accordingly, the Civil Revision Petition is allowed subject to the condition of the petitioner paying costs of Rs.5,000/- to the counsel appearing for the respondent within two weeks from today, failing which the Civil Revision Petition stands dismissed. On filing proof of payment of costs in the Registry, the order copy may be dispatched. ___________________ Justice V.Eswaraiah August 27, 2011 MAS