THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.2971 OF 2008 DATED: 31-01-2011 Between: V.Renuka. .... PETITIONER And Jella Bhavana Rushi & 5 others. .... RESPONDENTS ORDER: This Civil Revision Petition is directed against the order, dated 04-07-2008, in O.S.SR.No.3964 of 2008 on the file of the learned Principal District Judge, Nalgonda, wherein the plaint filed by the petitioner was returned with a direction to comply with the conditional order of depositing the balance sale consideration of Rs.5,00,000/- as per order, dated 25-06-2008. 2. Heard learned counsel for the petitioner. None appears for the respondents. Perused the record. 3. Petitioner herein filed the suit for specific performance of agreement of sale, dated 20.04.2007. According to the plaintiff, the total sale consideration is Rs.40,00,000/- and the plaintiff has already paid Rs.35,00,000/- and he was ready and willing to pay the balance of Rs.5,00,000/- and obtain a sale deed, but the defendant was not coming forward. In the plaint, it is specifically averred that the plaintiff is always ready and willing to perform the contract by paying the balance sale consideration of Rs.5,00,000/-. 4. As seen from the docket proceedings of the trial Court, on 25.06.2008, a note was put up by the office, wherein it is stated that permission may be accorded to the plaintiff to deposit balance consideration of Rs.5,00,000/- into the Court and the office may be permitted to collect the same and the presiding officer appears to have granted permission. Plaintiff did not seek any permission for deposit of Rs.5,00,000/-. It is only the office which has put up the note seeking permission for the plaintiff to deposit and for the office to receive the sum of Rs.5,00,000/-. Subsequently, on 04.07.2008, plaint was returned on the ground that the conditional order, dated 25.06.2008, was not complied with. In fact, the order, dated 25.06.2008, does not impose any condition nor does it direct the plaintiff to deposit the amount. The said order only contained a permission, which was not in fact requested for by the plaintiff. There is no specific direction by the Court to the plaintiff, directing him to deposit Rs.5,00,000/-, being the balance sale consideration. The question of non- compliance with such conditional order, which does not in fact exist, does not therefore arise. 5. Be that as it may, in view of the averments made in the plaint, expressing the readiness and willingness on the part of the plaintiff to perform his part of the contract and to deposit the balance sale consideration as and when directed by the Court, deposit of the said amount at the threshold stage of numbering the suit may not be insisted upon. The trial Court is therefore directed to register the plaint, if otherwise in order, without insisting upon the deposit of the balance consideration of Rs.5,00,000/- at this stage. 6. Accordingly, Civil Revision Petition is disposed of. Interim stay granted on 22-07-2008 stands vacated. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 31st January, 2011. Tsy