IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD TUESDAY, THE TWENTY FIFTH (25TH) DAY OF JANUARY, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5635 of 2008 Between: D Raghuram … Petitioner And: Smt. T. Lakshmi Sujatha … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5635 of 2008 ORDER: This revision petition is directed against the order dated 16.10.2008 in OS SR No.6307 of 2008 on the file of the Principal District Judge, Nalgonda, wherein, the plaint was returned with a direction to re-submit along with balance sale consideration amount. 2. Heard the learned counsel for the petitioner. None appeared for the respondent. Perused the record. 3. The petitioner herein filed suit against the defendant for specific performance of agreement of sale after receiving the balance of sale consideration of Rs.1,46,15,006/-. The trial Court directed the plaintiff to deposit the balance sale consideration amount, granting one weeks time. The plaintiff re-submitted the plaint. The trial Court by order dated 16.10.2008, however directed return of the plaint with a direction to re-submit the same along with the sale consideration. 4. Learned counsel for the plaintiff would submit that the readiness and willingness to deposit the balance of sale consideration is expressed adequately in the plaint and there is no statutory requirement to deposit the balance sale consideration, even at the threshold stage of numbering the suit. The impugned order does not deal with the merits of the objections raised by the plaintiff but simply directs return of the plaint reiterating the earlier direction to deposit the balance sale consideration. 5. In the circumstances, without going into the merits of the case, it is considered that the plaintiff be given an opportunity to approach the trial Court and resubmit the plaint raising his contentions with regard to direction given by the Court regarding payment of balance of sale consideration and the trial Court shall there upon consider the same on merits and pass appropriate orders. If aggrieved by such order, the plaintiff is at liberty to approach this Court, if so advised. 6. In the result, the civil revision petition is disposed of with a liberty as stated above. No order as to costs. ____________________ G.V.SEETHAPATHY, J Date: 25.01.2011 bss