Pothuraju Hyamavthi vs Raghu Babu Bandi
2021 Latest Caselaw 1497 AP

       HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
                         AND
        HON'BLE SRI JUSTICE B. KRISHNA MOHAN

       CIVIL MISCELLANEOUS APPEAL No.40 of 2021

JUDGMENT: (per UDPR,J)

      Heard learned counsel for petitioners, Smt. K.Pallavi. Having

regard to the facts involved in this case, we do not consider it exigent

to order notice to the respondent. Accordingly, this CMA is disposed

of at the admission stage.

2. The petitioners challenge the order dated 04.12.2020 in I.A.

No.12 of 2019 in O.S. No.103 of 2016 passed by learned

VI Additional District Judge, Nellore, to the extent of directing the

petitioner to deposit 25% of the decretal amount to the credit of the

suit within fifteen days from the date of this order. The said condition

was imposed by the trial court while allowing the petition filed by the

petitioners/defendants to set aside the ex parte decree dated

13.12.2018 in O.S.No.103 of 2016. Learned counsel would submit

that the petitioners/defendants are wife and husband and due to their

financial constraints owning to the covid pandemic 19, depositing of

25% of the decretal amount which roughly comes to 6 to 8 lakhs is

highly onerous and hence, the said condition may be relaxed.

3. From a perusal of the impugned order, it would appear to us

that the said condition was fixed by the trial court to enable the

petitioners to establish their bonafides and to participate in the trial.

Therefore, we find it not apposite to set aside the afore said deposit.

However, considering the submission of learned counsel for

petitioners, regarding the financial condition of the petitioners, the

time granted by the trial court for deposit is extended till 31.03.201,

failing which, the order passed in I.A. No.12 of 2019 shall be deemed

vacated.

As a sequel, miscellaneous applications pending for

consideration, if any, shall stand closed. No costs.

_________________________ U.DURGA PRASAD RAO, J

______________________ B.KRISHNA MOHAN, J

09.03.2021

Note: issue C.C. by 16.03.2021.

B/o.SS