IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4454 OF 2009 Between : Kuracha Atchiyyamma and another .... PETITIONERS A N D Bobbili Sanyasi and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO.4454 OF 2009 O R D E R: This Civil Revision Petition, under Article 227 of the Constitution of India is directed against the docket order, dated 09.09.2009, in I.A.No.793 of 2009 in O.S.No.63 of 2003 on the file of the Principal Junior Civil Judge, Narsipatnam. The petitioners/plaintiffs filed the suit against the respondents/defendants for partition of plaint schedule properties, and filed the present application therein under Order XIII Rule 10 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to send for certain documents from the record room of the District Court, Visakhapatnam. The above Interlocutory application was allowed on 04.08.2009. Thereafter the petitioners’ counsel has not paid the batta. On the premise that the batta has not been paid in the above application, the learned Judge dismissed the petition for default vide the impugned order. 2. According to the learned counsel for the petitioners, he paid the batta on 09.09.2009 vide G.R.No.5088 and that fact was not brought to the notice of the Court below, and consequently the petition was dismissed for default and hence, he prays to set aside the impugned order. Having regard to the fact that batta was paid on 09.09.2009, the trial Court ought not to have dismissed the petition. 3. Accordingly, the Civil Revision Petition is allowed setting aside the docket order, dated 09.09.2009 in I.A.No.793 of 2009 in O.S.No.63 of 2003 on the file of the Principal Junior Civil Judge, Narsipatnam. There shall be no order as to costs. _______________ K.C.BHANU, J FEBRUARY 24, 2011. YVL