IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3310 OF 2009 Between: E. Rajender ..... Petitioner AND G. Ravinder ..... Respondent The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3310 OF 2009 ORDER: The Civil Revision Petition is directed against the order dated 15.07.2009 in I.A.No.1445 of 2009 in O.S.No.2600 of 2007, on the file of I Additional Senior Civil Judge, Ranga Reddy District. 2. The respondent/plaintiff filed I.A.No.81 of 2009 in O.S.No.2600 of 2007 to strike off the defence of the defendant in the suit. The trial Court by order dated 15.06.2009 directed the defendant to deposit Rs.1,20,000/- by 15.07.2009. Thereafter, the defendant filed the present petition I.A.No.1445 of 2009 to set aside the order dated 15.06.2009 in I.A.No.81 of 2009 and received counter in I.A. The trial Court, by the impugned order, directed the petitioner/defendant to deposit Rs.1,20,000/- without prejudice to his contentions and if amounts are paid excess, it will be adjusted in future interest. Challenging the said docket order, the present civil revision petition is filed. 3. According to the learned counsel for the petitioner/defendant, the defendant has already sent the amounts due by way of either cheques or demand drafts. On the other hand, the learned counsel for the respondent herein/plaintiff disputed about the receipt of those amounts which were allegedly sent by the defendant through cheques/demand drafts, and therefore, that issue has to be decided in the trial Court. 4. The grievance of the petitioner is that on the date when the docket order was passed, the counsel appearing for the defendant in the trial Court was held up in other Court. To safeguard the interests of the respondent, this Court directed the petitioner to deposit Rs.60,000/- while admitting the Civil Revision Petition. Further direction can be given to the petitioner to deposit Rs.60,000/-. The trial Court has to pass appropriate orders as to entitlement with regard to the total amount of Rs.60,000/-. After determination, if any excess amount towards rent is paid by the petitioner, the same shall be refunded to him. That aspect of the case shall be decided by the trial Court after giving due opportunity to the petitioner and respondent. The impugned order is set aside and the matter is remanded to the trial Court for disposal of the case in accordance with law. 5. It is brought to the notice of this Court by the learned counsel for the respondent/plaintiff that the petitioner is not depositing the rents. Hence, the petitioner is directed to deposit the rents on or before 10th of every succeeding month. 6. Accordingly, the civil revision petition is allowed directing the petitioner to deposit Rs.60,000/- within a period of six (6) weeks from the date of receipt of copy of this order. Thereafter, the trial Court shall dispose of the application in I.A.No.1445 of 2009 in the suit in accordance with law. There shall be no order with regard to costs. ______________ (K.C.BHANU, J) Dated: 6th September, 2010. KL HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3310 OF 2009 6th September, 2010. KL