Telangana High Court
Doma Venkatesh vs M.D.Hasham on 23 March, 2023
Bench: M.G.Priyadarsini
HONOURABLE SMT. JUSTICE M.G. PRIYADARSINI
CIVIL REVISION PETITION No. 889 of 2023
ORDER:
By way of this civil revision petition, the defendants in
O.S. No. 21 of 2019 challenges the docket orders passed by the
Junior Civil Judge, Pargi, Vikarabad District, dated 24.08.2022
in dismissing the application filed by them in I.A. No. 142 of
2019. By the impugned order, the learned Junior Civil Judge
dismissed I.A. No. 142 of 2019 filed by the revision petitioners
under Order IX Rule 7 C.P.C. to set aside the ex parte orders,
dated 29.03.2019 for non-compliance of the conditional orders
dated 07.07.2022.
The respondents herein filed the suit in O.S. No. 21 of
2019 against the defendants-revision petitioners herein, seeking
perpetual injunction in respect of the suit schedule property.
On the report of the Process Server submitted to the court to the
effect that the notices/summons were refused by the revision
petitioners, the Court treated the revision petitioners as ex parte
on 29.03.2019 and posted the suit for ex parte judgment. At
that stage, the revision petitioners approached the trial Court by
way of I.A. No. 142 of 2019 seeking to set aside the ex parte
orders dated 29.03.2019 on the ground that the Process Server
never visited their house and no such notices/summons were
sought to be served on them. Considering the grounds pleaded
by the revision petitioners as satisfactory, the learned Junior
Civil Judge allowed the I.A. on 07.07.2022 setting aside the ex
parte orders, dated 29.03.2022 on condition of payment of costs
by the revision petitioners to the Mandal Legal Services
Authority. However, as the conditional order was not complied
and as there was no representation on behalf of the revision
petitioners on 24.08.2022, the learned Junior Civil Judge
passed the impugned order dismissing the I.A. No. 142 of 2019.
Hence, the revision petitioners before this Court.
The only contention of the revision petitioners is that non-
compliance of the order dated 07.07.2022 for payment of costs
of Rs.200/- and non-representation on their behalf on
24.08.2022 is neither intentional nor willful and that if the suit
is not restored and the petitioners are not afforded an
opportunity to contest the proceedings, they will be put to
irreparable loss and hardship.
Considering the facts and circumstances of the case and
in light of the contention of the revision petitioners that the
Process Server neither visited their house nor served any
notices/summons, this Court is of the view that instead of
appeasing the matter in a narrow compass or on technicalities,
an opportunity may be given to the petitioners to contest the
suit by imposing heavy costs.
Accordingly, the C.R.P. is disposed of setting aside the
impugned docket order, dated 24.08.2022 subject to the
revision petitioners paying costs of Rs.1,000/- to the concerned
Mandal Legal Services Authority on or before 06.04.2023. On
payment of such costs, I.A. No. 142 of 2019 shall stand allowed
and the learned Junior Civil Judge shall proceed with the trial
of the suit in O.S. No. 21 of 2019. It is made clear that in
default of payment of costs within the stipulated period, the I.A.
No. 142 of 2019 shall stand dismissed automatically.
Pending Miscellaneous Petitions, if any, shall stand
closed.
_____________________________
JUSTICE M.G. PRIYADARSINI
23-03-2023
tsr
HONOURABLE SMT. JUSTICE M.G. PRIYADARSINI
CIVIL REVISION PETITION No. 889 of 2023
DATE: 23-03-2023
