THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 3905 OF 2010 DATE: 2.9.2011 BETWEEN: Kolli Rama Devi and another petitioner And Putcha Sudhakar Respondent Counsel for the petitioner : Sri Raja Reddy Koneti Counsel for the respondent: Sri Rama Rao Ganta The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 3905 OF 2010 ORDER: This revision is filed questioning the order and decree dated 13.8.2010 in I.A. No. 536 of 2010 in O.S. No. 9 of 2010 on the file of the Judge, Family Court- cum Additional District and Sessions Judge, Guntur, allowing the petition filed under Order 9 Rule 13 of CPC to set aside ex-parte decree and judgment dated 29.6.2010 and to receive the written statements of the defendants in the suit. The petitioners herein are defendants. The plaintiff-respondent herein filed a suit claiming an amount of Rs.20,20,215/- against the petitioners herein based on agreement of sale stated to have been executed by the late husband of the first petitioner and father of second petitioner. After the death of the executant, summons were served in February, 2010 and the matter was posted for filing written statement on 18.3.2010, 9.4.2010 and 21.4.2010 and as the written statement was not filed, the revision petitioners/defendants were set ex-parte and ex-parte decree was passed on 29.6.2010. To set aside the said exparte decree, the revision petitioners filed an interlocutory application I.A. No. 536 of 2010 under Order 9 Rule 13 of CPC and by order dated 13.8.2010 the said application was allowed on condition of revision petitioners depositing Court fee on plaint to the credit of the suit. Questioning the said order, the present revision is filed. Heard the learned counsel for petitioners and also the learned counsel for respondent and perused the material available on record. Though, the condition imposed by the Court below while allowing the application in I A No. 536 of 2010 by order dated 13.8.2010, is not onerous or unreasonable, however, having regard to the facts and circumstances of the case, the said condition is modified directing the revision petitioners to pay costs of Rs.2,000/- (Rupees two thousand only) to the Secretary, District Legal Services Authority, Guntur within two weeks from the date of receipt of copy of this order. On such deposit of costs, the Court below is directed to proceed with the suit in accordance with law and dispose of the same expeditiously. It is needless to mention that in default of payment of costs, the revision petition stands dismissed and the order under revision holds good. Accordingly, the revision petition is disposed of. No costs. ______________ V ESWARAIAH,J DATE: 2.9.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 3905 OF 2010 DATE:2.9.2011