THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.124 OF 2011 7th March, 2011. Between: RAJETI VIJAYANANDA RAO .. APPELLANT AND THE A.P. CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS TRIBUNAL, VISAKHAPATNAM. REP BY THE CHAIRMAN AND OTHERS .. RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.124 OF 2011 JUDGMENT: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) 1. Exparte decree passed against the appellant/petitioner was set aside by respondent 2 vide his order dated 27.8.2010 which may be noticed: “ I.A.No.340 of 2010 allowed condoning delay in filing the petition. Heard this petition both sides and perused the record. The petition to set aside the exparte decree dated 27.8.2010 is allowed subject to the condition of the petitioner (OA respondent) deposit at Rs.1500/- per month from the date of O.A. filed on 18.2.2010 i.e., from month of February 2010 without prejudice to contest the both sides in main O.A. as damages for and occupation in case of O.A petitioner’s succeed or else to claim back OA rest, to deposit all arrears by 10/2 for 12 months and Rs.1500/- to Rs.1800/- and to pay later by evrery month end from February 2011 also pending disposal of O.A and subject to furnish condition filing counter in main O.A.” 2. Decree having been set aside subject to conditions, therefore, a writ petition by the appellant because according to him such conditions could not be imposed being untenable in law, but of no avail to him in view of dismissal of writ petition. Hence, this appeal. During the course of the arguments learned counsel for the appellant made an offer to pay the rent @ Rs.1500/- per month from the date of institution of O.A. i.e. 18.2.2010 without prejudice to his rights in O.A. He has also agreed to pay a reasonable amount of costs. On the conditions so offered he sought modification of the order to which learned counsel for the respondents are not averse. In the aforementioned backdrop, this appeal is allowed and the impugned order is modified with liberty to the respondent 1 to pass appropriate orders in O.A. in all respects including damages, if called for. Impugned order is accordingly modified to the following effect: “ Petition to set aside exparte decree allowed subject to the following conditions: The petitioner shall continue to deposit Rs.1500/- per month w.e.f. 18.2.2010 till disposal of the O.A. He shall also pay a sum of Rs.5,000/- (Rupees five thousand only) as costs, which shall be deposited with the Registry within two weeks to be released in favour of respondent 4-temple. This order shall be subject to the outcome of the O.A. and it shall work as an interim arrangement which shall have to abide by the decision in the O.A.” (VILAS V.AFZULPURKAR,J) (NISAR AHMAD KAKRU, CJ) 7th March, 2011. Cc in two days. (BO) Nagesh babu THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.124 OF 2011 JUDGMENT: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) 7TH March , 2011.