THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION No.608 of 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order dated 28.10.2009 in I.A.No.210 of 2009 in O.S.No.21 of 2003 passed by the learned III Additional District Judge, Nellore, whereunder the application filed under Section 151 of C.P.C., seeking the relief to strike off the defense pleaded by the 3rd defendant for violating the orders of payment of interim maintenance of Rs.5,000/- per month and also the arrears as directed to be paid in I.A.No.1027 of 2003 in O.S.No.21 of 2003, was allowed. Petitioner is the 3rd defendant. Respondents are the plaintiffs 2,3 and 4. The respondents laid a suit in O.S.No.21 of 2003 on the file of the III Additional District Judge, Nellore, against the 3rd defendant and others, for partition of schedule properties, and also they filed an application in I.A.No.1027 of 2003, seeking interim maintenance, and the said application was ordered directing the 3rd defendant to pay interim maintenance at the rate of Rs.5,000/- per month. Subsequently, E.P.No.12 of 2005 was filed by the plaintiffs, seeking the arrest of the 3rd defendant for non-payment of the maintenance amount, and the same was ordered as prayed for. Aggrieved thereby, the 3rd defendant approached this Court and filed CRP.No.1346 of 2008, in which the 3rd defendant was directed to deposit the arrears within a period of five months in equal monthly instalments and to continue to pay the maintenance at the rate of Rs.5,000/- per month. Pursuant thereto, the 3rd defendant deposited a sum of Rs.1,21,000/- and committed default in paying the remaining amount. Thereupon, the plaintiffs 2,3 and 4 filed the present application being I.A.No.210 of 2009, seeking to strike off the defense pleaded by the 3rd defendant for violation of the orders of payment of interim maintenance of Rs.5,000/- per month and also the arrears. The said application was resisted by the 3rd defendant by filing a counter affidavit. After a detailed consideration of the material placed before it, the learned III Additional District Judge, Nellore, allowed the present application by the impugned order dated 28.10.2009. Challenging the same, the present Civil Revision Petition is filed. Learned counsel appearing for the petitioner submits that in pursuance of the interim orders dated 12.03.2010 passed by this Court, the petitioner deposited half of the arrears, and seeks indulgence of the Court to grant some more time to the petitioner to pay the remaining half of the arrears. Having regard to the facts and circumstances of the case and also the submissions made by the learned counsel for the petitioner, the impugned order dated 28.10.2009 passed in I.A.No.210 of 2009 in O.S.No.21 of 2003 on the file of the learned III Additional District Judge, Nellore, is set aside, and the petitioner is granted four weeks’ time from today, for payment of the remaining half of the arrears of maintenance to the respondents, and he shall also continue to pay the monthly maintenance as directed by this Court in CRP.No.1346 of 2008. However, it is made clear that on payment of arrears, the respondents shall withdraw the same without furnishing any security. In default, this order shall be treated as non est, and the court below can proceed with the matter pursuant to the impugned order. Accordingly, the Civil Revision Petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 19.10.2010 v v