IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.1126 OF 2010 Between : Smt Kothapalli Venkata Lakshmi Bhanumathi .... PETITIONER A N D Smt. Bhyravabhotla Sesha Bala Sundari …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO.1126 OF 2010 O R D E R: This Civil Revision Petition, under Article 227 of the Constitution of India is directed against the docket order, dated 04.03.2010 in I.A.No.2300 of 2009 in I.A.No.1051 of 2009 in O.S.No.197 of 2009 on the file of the Additional Senior Civil Judge, Eluru, whereunder and whereby, the application filed under Order IX Rule 7 and Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to set aside the order, dated 23.11.2009 passed in I.A.No.1051 of 2009 in O.S.No.197 of 2009, was dismissed as the petitioner/defendant failed to comply the condition imposed on 04.12.2009 2 Heard both sides. 3. The petitioner herein is the defendant, the respondent herein is the plaintiff. The respondent/plaintiff filed O.S.No.197 of 2009 on the file of the Additional Senior Civil Judge, Eluru, for delivery of possession of plaint schedule property and made I.A.No.1051 of 2009 therein to direct the defendant to deposit an amount of Rs.5000/- pending disposal of the suit for being in possession of suit premises. In the said petition, as the defendant failed to file the counter, the trial Court by order, dated 23.11.2009, directed the defendant to deposit an amount of Rs.5000/- into the Court on or before 10th of every month commencing from December, 2009 till disposal of the suit. Aggrieved by the said order, the defendant filed I.A.No.2300 of 2009 to set aside the order, dated 23.11.2009 in I.A.No.1051 of 2009. The said petition was allowed by the trial court on payment of costs of Rs.100/- and on further condition of defendant getting ready with enquiry in I.A.No.1051 of 2009 on 18.12.2010. Though the defendant paid the costs, as he has failed to comply with the other condition, the petition was dismissed on 04.03.2010. Challenging the same, the present Civil Revision Petition is filed. 4. As seen from the record, on 04.12.2009 a conditional order was passed by the Court below and posted I.A.No.1051 of 2009 to 18.12.2009 for enquiry. On 18.12.2009 the docket order shows costs were paid and the matter was posted to 12.02.2010. From 12.02.2010, the matter was adjourned to 15.02.2010, and as both the counsel reported not ready on that day, it was posted to 04.03.2010. But, surprisingly on 04.03.2010, the trial Court observed in I.A.No.2300 of 2009 that the condition imposed on 04.12.2009 in the said I.A. had not been complied with, and accordingly dismissed the said petition. The docket order dated 18.12.2009, must not have been brought to the notice of the Court below. Hence, the impugned order is liable to be set aside. 5. Accordingly, the Civil Revision Petition is allowed setting aside the docket order, dated 04.03.2010, in I.A.No.2300 of 2009 in I.A.No.1051 of 2009 in O.S.No.197 of 2009 on the file of the Additional Senior Civil Judge, Eluru. There shall be no order as to costs. ______________ K.C.BHANU, J FEBRUARY 24, 2011. YVL