HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P.Nos.3369, 3370, 3515 & 3535 OF 2009 DATE:05-08-2011 CIVIL REVISION PETITION No.3369 OF 2009 BETWEEN Md. Usha Rani …Petitioner AND Dirisala Gopi Chand …Respondent CIVIL REVISION PETITION No.3370 OF 2009 BETWEEN Md. Usha Rani …Petitioner AND Dirisala Gopi Chand …Respondent CIVIL REVISION PETITION No.3515 OF 2009 BETWEEN Md. Usha Rani …Petitioner AND Dirisala Gopi Chand …Respondent CIVIL REVISION PETITION No.3535 OF 2009 BETWEEN Md. Usha Rani …Petitioner AND Dirisala Gopi Chand …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P.Nos.3369, 3370, 3515 & 3535 OF 2009 COMMON ORDER: The issue involved in all these revisions is one and the same and therefore, they are heard together and being disposed of by this common order. These four revisions are filed by the tenant aggrieved by the orders of Senior Civil Judge, Machilipatnam made in C.M.A.No.7 of 2007 dated 3.6.2009; I.A.No.803 of 2009 in C.M.A.No.7 of 2007, dated 14.7.2009; I.A.No.802 of 2009 in C.M.A.No.6 of 2007, dated 14.7.2009; and C.M.A.No.6 of 2007, dated 3.6.2009 respectively. Landlord-respondent herein filed R.C.C.No.8 of 2003 and R.C.C.No.6 of 2003 for eviction of the tenant-petitioner herein from two separate premises owned by him on the ground of willful default. On dismissal of the R.C.Cs. by the Rent Controller, the matters are carried in appeals being C.M.A.No.7 and 6 respectively. On allowing the C.M.As. ex parte by order dated 3.6.2009, tenant-petitioner herein filed I.A.No.803 of 2009 in C.M.A.No.7 of 2007 and I.A.No.802 of 2009 in C.M.A.No.6 of 2007 seeking to set aside the ex parte order contending that the tenant- petitioner herein suffered with vomittings and motions from 31.5.2009 to 5.6.2009 and was treated in the hospital by Dr.M.Polaiah and hence, she could not attend the Court, which resulted in allowing the appeals ex parte. The learned Senior Civil Judge dismissed both the I.As. by order dated 14.7.2009. Aggrieved by the same, C.R.P.Nos.3370 and 3515 of 2009 are filed. Questioning the orders passed in C.M.A.Nos.7 and 6 of 2007, C.R.P.Nos.3369 and 3535 of 2009 are filed. Heard the learned counsel for the petitioner-tenant and learned counsel for the respondent-landlord. The learned Senior Civil Judge recorded a finding that when the appeals were taken up for hearing on 15.4.2009 both the counsel reported not ready and therefore, the matter was adjourned to 29.4.2009 finally and when the matter was taken up for hearing on that date, both the counsel reported not ready and hence, the matter was posted to 1.6.2009. On 1.6.2009, at 10.30 a.m. neither the petitioner-tenant nor her counsel was present and when the counsel for the respondent-landlord (appellant) reported ready, the matter was taken up at 2.30 p.m. and even at that time, neither the petitioner-tenant nor her counsel was present and therefore, after hearing the arguments of the respondent-landlord at length, the matter was posted on 3.6.2009 for judgment. Though there was sufficient time gap, the petitioner-tenant did not try to file any petition for re-opening the appeals either on 1.6.2009 or on subsequent days i.e. on 2.6.2009 and 3.6.2009 and therefore, the appeals were allowed ex parte. Considering the said events, the learned Senior Civil Judge dismissed the impugned I.As. confirming the ex parte orders. It is now fairly well settled that for the lapses on the part of the counsel in not presenting in the Court and proceeding with the arguments as directed by the Court, the party should not be made to suffer. Suffice it to say when the learned Rent Controller dismissed the R.C.Cs. holding that there was no willful default on the part of the petitioner-tenant, she should be heard in the appeal to substantiate that there is no willful default on her part by duly imposing costs for her not appearance on the date of hearing. Under those circumstances, the impugned orders passed by the Senior Civil Judge are set aside and I.A.Nos.803 and 802 of 2009 stands allowed on condition of petitioner-tenant depositing the costs of Rs.1,000/- each to the respondent-landlord within two weeks from the date of receipt of a copy of this order and on filing proof of the same before the Court below. Consequent to allowing the above I.As., ex parte orders, dated 3.6.2009 passed in the appeals are set aside and C.M.A.Nos.7 and 6 of 2007 stands restored to their file. The petitioner-tenant shall proceed with the arguments on 29.8.2011 to which date the appeals will be posted. The learned Senior Civil Judge is directed to take up the appeals on the said date and dispose of the same in accordance with law. The revisions are allowed accordingly. No order as to costs. _______________ A. GOPAL REDDY, J. AUGUST 05, 2011 Note: Issue C.C. in three days. (B/o)Tsr.