THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.490 of 2010 DATED: 03-06-2010 ORDER: This Civil Revision Petition is directed against the order, dated 14-10-2009, in I.A.No.219 of 2009 in O.S.No.195 of 2006 on the file of the learned Junior Civil Judge, Kollapur, whereby while allowing the said application, the Court below directed the petitioner to deposit half of the decretal amount. 2. The brief facts are that the respondent herein, on the basis of a promissory note, instituted O.S.No.195 of 2006 for recovery of money. Petitioner i.e., the defendant filed his written statement and has been contesting the said suit. Though the petitioner was given sufficient opportunity, as he was not evincing any interest the Court below while setting him ex parte, decreed the suit ex parte on 17-06-2009 after examining P.Ws.1 and 2. Coming to know of the passing of ex parte decree, petitioner approached the Court below and filed the said I.A.No.219 of 2009 and as stated supra the same was allowed on condition of the petitioner depositing 50% of the decretal amount. 3. Heard the learned counsel. 4. Apparently, the said suit is coming up only for the evidence of the plaintiff and there was no progress. When such is the situation, in my considered view the Court below ought not to have imposed such a condition of depositing 50% of the decretal amount while allowing the said application. It can be done if the entire evidence is over and the suit is coming up for evidence and if the defendant is not cooperating with the progress of the suit, but here is a case where the trial in the suit has not yet begun. Under those circumstances, this Court is of the view that the said order is liable to be set aside. Accordingly, the impugned order is set aside, however on a condition of the petitioner depositing an amount of Rs.2500/- (rupees two thousand five hundred only) towards costs within a period of four weeks. However, the withdrawal of the said costs is subject to the result in the said suit. 5. Accordingly, Civil Revision Petition is allowed. There shall be no order as to costs. _______________________________ GOPALA KRISHNA TAMADA,J 03rd June, 2010. Tsy