Telangana High Court
CRP/3559/2015 of K.Katamaiah Vs Billa Elia on 31 December 2015
SRI JUSTICE A . RAMALINGESWARA RAO CIVIL REVISION PETITION No. 3559 OF 2015 DATED 31ST December, 2015 BETWEEN K. Katamaiah …Petitioner And Billa Elia and ors …Respondents. HONOURABLE SRI JUSTICE A . RAMALINGESWARA RAO CIVIL REVISION PETITION No. 3559 OF 2015 ORDER: The petitioner
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO
CIVIL REVISION PETITION No. 3559 OF 2015
DATED 31[ST] December, 2015
BETWEEN
K. Katamaiah
…PetitionerAndBilla Elia and ors
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAOCIVIL REVISION PETITION No. 3559 OF 2015
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ORDER:
The petitioner herein is the first respondent in O.P.No.179of 2010 on the file of the learned IV Additional District andSessions Judge, Ananthapuram. The respondents 1 and 2herein filed the aforesaid OP claiming compensation on accountof the death of one B. Francis Paul in a motor vehicle accidentthat occurred on 19.4.2008. The petitioner is stated to be theowner of lorry bearing Registration No. AP.04.V.4873 whichcollided with the APSRTC Bus bearing No. AP.11Z.4563. Thepetitioner remained ex parte in the OP and an ex parte decreewas passed on 11.4.2011. He filed I.A.No.1587 of 2012 forsetting aside the ex parte decree dated 11.4.2011 and the saidapplication was allowed by the Court below through the orderunder revision dated 21.7.2015 by imposing a condition that thepetitioner should deposit 50% of his share amount by 10.08.2015. Challenging the imposition of said condition, thepresent Civil Revision Petition is filed.
When the Court below found sufficient reason for settingaside the ex parte decree, it ought not to have imposed theonerous condition of depositing 50% of share of the petitioner.In the circumstances, the impugned order dated 21.7.2015 ismodified to the extent of setting aside the condition of depositingof 50% of the share of the petitioner and the petitioner ispermitted to proceed further with the OP by filing counter andadducing evidence and the entire exercise shall be completedby 30.04.2016.
The Civil Revision Petition is allowed to the extentindicated above. Miscellaneous petitions pending considerationif any in the Civil Revision Petition shall stand closed inconsequence. No order as to costs.
---------------------------------------------------JUSTICE A. RAMALINGESWARA RAO
DATED 31[ST] DECEMBER, 2015.Msnrx