IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI CIVIL REVISION PETITION No. 1079 OF 2008 Between: V.Aswarthanarayana ..... PETITIONER AND K.V.Sathyanarayana Guptha .... RESPONDENT Counsel for the Petitioner: Counsel for the Respondent: The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI CIVIL REVISION PETITION No. 1079 OF 2008 O R D E R: The revision petitioner is the defendant in O.S.No.16 of 2006 on the file of the Court of the Senior Civil Judge, Hindupur. The suit is filed by the respondent herein/plaintiff for declaration of title in respect of the suit schedule property as well as consequential relief of permanent injunction. The defendant filed written statement contesting the suit claim. On the basis of the pleadings, the Court below framed the following issues on 08.06.2007: “1. Whether the plaintiff is entitled for declaration and permanent injunction as prayed for ? 2. Whether the vendors of the defendant have perfected their title by adverse possession over the property as shown in the written statement ? 3. To what relief.” However, while granting 15 days time for filing list of witnesses, the Court below further directed that the defendant shall pay the court fee on issue No.2. Aggrieved by the said direction, the present revision petition is filed. Despite notice, the respondent/plaintiff did not choose to appear. Heard the learned counsel for the petitioner. It is the specific case of the revision petitioner/defendant that he did not make any counter claim. In the circumstances, there is absolutely no justification to direct the defendant to pay the court fee. At any rate, the said direction by the Court below without assigning any reason cannot be sustained. Accordingly, the order of the Court below dated 08.06.2007, to the extent of directing the defendant to pay the court fee on issue No.2, is hereby set aside and the Civil Revision Petition is allowed. No costs. ____________ G. ROHINI, J Date: 22.04.2010 Ivd