HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION No.1133 OF 2011 Dated 17th June, 2011 Between: The Medical Officer, PHC, Yellareddypet, Yellareddypet Mandal, , Karimnagar District. ….Petitioner. And: Pathoori Suranjana @ Marpu Suranjana and others. …Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION No.1133 OF 2011 ORDER: This C.R.P. is filed by the petitioner aggrieved by the order dated 14th March, 2011 passed by learned Senior Civil Judge, Sircilla in I.A.No.83 of 2011 in O.S.No.46 of 2008. Petitioner herein is the 7th defendant and 1st respondent herein is the plaintiff and respondents 2 to 9 herein are the defendants 1 to 6 and 8 and 9, respectively. The status of the parties will hereinafter be referred to as arrayed before the Court below for the sake of convenience. Originally, the plaintiff filed the suit against the defendants in O.S.No.46 of 2008 seeking recovery of possession of the land measuring Ac.0.03 guntas out of S.No.22 described in the schedule and sketch annexed hereto as part 1 and shown in green colour situate at Boppapur, Yellareddypet Mandal, for mandatory injunction by demolishing and removing the structures of illegally constructed R.C.C. building in the site of Part I out of suit property described in schedule and sketch, situate at Boppapur village Yellareddypet Mandal and for declaration of title and perpetual injunction with respect to the land measuring Ac.0.10gs out of S.No.22 together with house bearing G.P.No.7-79 fully shown in the schedule and sketch as part II and shown in blue colour situate at Boppapur village, Yellareddypet Mandal and for costs. On receipt of summons, the 7th defendant could not attend the Court on the date of hearing. Since the 7th defendant did not attend the Court, the Court below passed the decree exparte. Aggrieved by the same, the 7th defendant filed an application under Order 9 Rule 7 and Section 151 C.P.C. in I.A.No.83 of 2011 in O.S.No.46 of 2008 seeking to set aside the exparte order passed against him and allow him to file his written statement. By the impugned order dated 8.3.2011, the Court below having observed that the 7th defendant is negligent in filing the written statement even though the matter relates to the public interest, allowed the application on payment of costs of Rs.5,000/- (Rupees five thousand only) to be paid by the 7th defendant from his own pocket as he is only responsible for his negligence and also on condition of filing of the written statement of the 7th defendant on or before 14.3.2011, failing which that order shall stand cancelled. On 14.3.2011, this application was dismissed for non- payment of costs and non-filing of the written statement. Aggrieved by the same, the present revision has been preferred by the 7th defendant. Heard the learned counsel. It is contended by the learned counsel for the 7th defendant that a copy of order itself was communicated to him only on 15.3.2011 and as such, he is handicapped in making the payment of costs. Apart from that, he further contended that the Court below did not accept the request made by the 7th defendant to receive the amount of costs on 15.3.2011. On the other hand, it is contended by the learned counsel for the plaintiff and defendants 1 to 6, 8 and 9 that the 7th defendant failed to comply with the order passed by the Court below. It is further contended that the order impugned is justified and it does not warrant any interference by this Court and as such, this revision is liable to be dismissed. I have perused the material available on record. Admittedly, the suit is filed for recovery of possession of the land, for mandatory injunction by demolishing and removing the structures of illegally constructed R.C.C. building and for declaration of title and perpetual injunction with respect to the land. Since the 7th defendant did not attend the court on the date of hearing, the Court below passed the exparte order. Aggrieved by the same, the 7th defendant filed the present application in question seeking to set aside the same. But the Court below allowed the application on condition of payment of costs of Rs.5,000/- to be paid by the 7th defendant from his own pocket as he is only responsible for his negligence and also on condition of filing the written statement of the 7th defendant on or before 14.3.2011, failing which, that order shall stands cancelled. Since the 7th defendant did not comply with impugned order passed by the Court below, the said application was dismissed. Aggrieved by the same, the present revision is preferred. It is not in dispute that the 7th defendant is a Medical Officer in Primary Health Centre, Yellreddypet Mandal, Karimnagar District. Public interest is involved in this matter. Apart from that, the suit in question pertains to the year 2008. In this view of the matter and in view of the facts and circumstances of the case, I feel it just and proper to modify the order of the Court below to the extent of payment of costs of Rs.5,000/- (Rupees five thousand only) to be paid by the 7th defendant officially instead of paying from his pocket and also to the extent of directing the 7th defendant to file the written statement within two weeks from the date of receipt of a copy of this order. With the above modification, this Civil Revision Petition is allowed setting aside the order impugned to the extent indicated above. No costs. ________________________ Justice G.CHANDRAIAH Dated 17th June, 2011. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION No.1133 OF 2011 Dated 17th June, 2011