THE HON’BLE SMT JUSTICE T.MEENA KUMARI C.R.P.No.4193 of 2009 ORDER This civil revision petition is directed against the order dated 17-07-2009 passed in I.A.No.537 of 2009 in O.S.No.2540 of 2008 wherein the petition filed under Order XV-A read with Section 151 CPC seeking to direct the respondent to discharge the arrears of agreed rent that accrued from the month of August, 2008 to June, 2009 amounting to Rs.1,10,000/- and further direct him to pay the current month agreed rent @ Rs.10,000/- per month here after wards till his eviction from the schedule mulgi, was allowed. Revision petitioner herein is the defendant and respondent herein is the plaintiff. It is the case of the plaintiff that he is the absolute owner of the petition schedule property i.e., Shop No.8-3-903/3/A3 and he let out the premises to the defendant and the tenancy is extended from month to month as per Clause 10 of rental agreement and that he is paying an amount of Rs.10,000/- per month. Subsequently, the plaintiff asked the defendant to vacate the schedule premises for his personal occupation for which the defendant refused and hence, the plaintiff issued a legal notice on 9.11.2008, but the defendant failed to receive the same. Therefore, the plaintiff filed suit for eviction and for arrears of rent. While so, the plaintiff filed the present application for arrears of rent and the same was allowed. Questioning the same, the civil revision petition has been preferred by the defendant. The contention of the learned counsel for the revision petitioner-defendant is that the Court below ought to have given an opportunity to comply with the ex parte order. He further contends that the defendant failed to attend the Court when the ex parte order was passed due to the serious illness of his father. Per contra, learned counsel for the respondent-plaintiff contends that the order under revision needs no interference. Heard the learned counsel on either side. A perusal of the record goes to show that the Court below vide its order dated 17th July, 2009 passed order in the impugned I.A.537 of 2009 and directed the defendant to deposit arrears of rent and an amount of Rs.10.000/- towards monthly rent, failing which the defence of the defendant is liable to be struck off. Subsequent thereto, the Court below on 28th August, 2009 passed a docket order to the effect that in view of non-compliance of the order in I.A.No. 537/09, the defence is struck off. Admittedly, the defendant did not comply with the order of the Court below. In this regard, the reason assigned by the defendant is that his father was seriously ill and therefore, he could not comply with the orders of the Court. He is not unwilling to comply with the orders of the Court below, but he seeks to afford an opportunity to comply with the ex parte order. In view of the facts and circumstances of the case and in order to give one more opportunity to the defendant, the revision deserves to be allowed. Accordingly, the civil revision petition is allowed and the order under revision is set aside subject to condition of the petitioner-defendant paying an amount of Rs.1,00,000/- (Rupees one lakh only) within a period of six weeks and also continue to deposit an amount of Rs.10,000/- commencing from 1st November, 2009 on or before 10th of every succeeding month, in default, the order of the Court below shall become operative. On such deposit, the respondent-plaintiff is entitled to withdraw the same. Further, the Court below is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order. _______________________ (Justice T.Meena Kumari) rkk Dated 5.11.2009