IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI CIVIL REVISION PETITION No. 4071 OF 2009 Between: P.Gopal ..... PETITIONER AND Vasavi Co-operative Stores, Anantapur, Rep. by personal in-charge, i.e., Additional Registrar, Anantapur and another .... RESPONDENTS Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI CIVIL REVISION PETITION No. 4071 OF 2009 O R D E R: The revision petitioner is plaintiff No.2 in O.S.No.376 of 2005 on the file of the Court of the Principal Junior Civil Judge, Anantapur. The suit is filed for permanent injunction restraining the defendant/1st respondent herein from interfering with the possession of the suit schedule property. By order dated 12.11.2007, the suit was dismissed for default on the ground that the plaintiffs failed to appear and there was no representation on their behalf. Thereafter, the plaintiffs filed I.A.No.164 of 2008 under Order 9 Rule 9 of Civil Procedure Code to set aside the dismissal order dated 12.11.2007 and to restore the suit. The said application was opposed by the defendant/1st respondent herein and on 14.07.2009, the Court below passed the following order: “ Heard the both counsel. Respondent counsel reported they are not depositing monthly rent in above suit and not depositing the arrears of rent. Basing on representation this petition is allowed with a condition that the petition is to deposit the rent in above suit by the date of next adjournment. Call on 10.8.09.” Aggrieved by the same, the present revision petition is filed by the 2nd plaintiff. I have heard the learned counsel for the petitioner. Despite notice, the 1st respondent/defendant did not choose to appear. A perusal of the counter filed by the defendant in I.A.No.164 of 2008 shows that there was absolutely no plea as to the arrears of rent allegedly due from the plaintiffs. At any rate in the absence of any counter claim for recovery of the alleged arrears of rent, the condition imposed in the impugned order while restoring the suit is unwarranted and cannot be sustained. Accordingly, the Order under revision is hereby set aside and the Civil Revision Petition is disposed of with a direction to the Court below to consider I.A.No.164 of 2008 in O.S.No.376 of 2005 and pass appropriate orders afresh in accordance with law, after hearing both the parties as expeditiously as possible, preferably within a period of four weeks from the date of receipt of this order. No costs. ____________ G. ROHINI, J Date: 22.04.2010 Ivd