HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.3707 of 2011 Date : 9-9-2011 Between: Bellamkonda Meri Dhanamma .. Petitioner And Dugge Venkataiah and another .. Respondents Counsel for petitioner : Sri R.Radhakrishna Reddy Counsel for respondents : -- The court made the following: ORDER: This Civil Revision Petition is filed against order dated 1-8-2011 in O.S.No.137/2010 on the file of the learned Additional Junior Civil Judge, Miryalguda. The respondents filed C.R.P.No.1489/2011 against the order forfeiting their right to file the written statement in the suit. This court allowed the said revision petition on condition that the respondents shall pay costs of Rs.5000/- to the petitioner within a period of two weeks. The respondents appeared to have filed the lodgment memo for Rs.5000/- on 7-7-2011 which was returned by the lower court on the ground that the said lodgment memo was not accompanied by a copy of the order of this court in the said revision petition. However, on 18-7-2011, the counsel for the respondents have resubmitted the lodgment memo along with a copy of the order in the said revision petition and thereupon the lower court has permitted the respondents to deposit the amount of Rs.5000/-. The lower court has passed an order on 1-8-2011 wherein the above facts were noted and received the written statement. In this revision petition filed against the said order, the petitioner has raised two pleas, namely, that the court below has committed an error in permitting the respondents to deposit Rs.5000/- through the lodgment memo even though this court has directed payment of the said amount to the petitioner; and that the lower court has permitted the payment of Rs.5000/- beyond the time stipulated by this court. As regards the first submission, I find some merit in the plea of the petitioner that the procedure adopted by the respondents and permitted by the court below in paying the amount, may not strictly agree with the direction given by this court. However, the purpose of directing payment of costs of Rs.5000/- would be served if the amount deposited by the respondents by way of the lodgment memo is paid to the petitioner. As the deviation permitted by the court below in the method of the respondents paying the costs of Rs.5000/- does not cause injury to the petitioner, I am not inclined to interfere with the procedure adopted by the court below. With regard to plea of the petitioner that the respondents have deposited the amount beyond the time stipulated by this court, while the time granted by this court to the respondents for payment of the costs of Rs.5000/- was available till 12-7-2011, the respondents have offered to pay the same on 7-7-2011 itself. As a copy of the order in C.R.P.No.1489/2010 was not enclosed to the lodgment memo, the same was returned which was again resubmitted on 18-7-2011 along with a copy of the said order of this court. Therefore, it cannot be said that the respondents have failed to pay the amount within the time stipulated by this court. For the above mentioned reasons, the Civil Revision Petition is dismissed. The court below is directed to permit the petitioner to receive the costs of Rs.5000/- deposited by the respondents, without any condition. As a sequel, C.R.P.MP.No.5329/2011 is dismissed as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 9-9-2011 AM