ORDER :

1. These Civil Revision Petition Nos.703 and 721 of 2021 are filed under Article 227 of the Constitution of India assailing the orders in IA No.231 of 2020 and in IA No.232 of 2020 both dated 30.03.2021 in OS No.647 of 2018 on the file of the learned XVII Additional Senior Civil Judge, City Civil Court, Hyderabad. Accordingly, it is proposed to dispose of both the CRPs, through this common order.

2. CRP No.703 of 2020 is filed assailing the order dated 30.03.2021 in IA No.231 of 2020 filed under Section 151 of the Civil Procedure Code (for short ‘CPC’) to reopen the suit for taking the written statement on record in the suit, in the interest of justice. Whereas, CRP No.721 of 2021 is filed assailing the order dated 30.03.2020 in IA No.232 of 2020 filed u/s.151 of CPC to set aside the forfeiture order dated 23.01.2019 in the interest of justice.

3. The trial Court as per the orders in IA No.231 of 2020 reopened the case for the purpose of taking the written statement of defendants on record holding that there are some other suits pending between the same parties, which facts would come into light only after conducting the trial. Similarly, while setting aside the forfeiture orders in IA No.232 of 2020, it is held that as the defendants have filed the written statement after one year five months, it can be taken on record to adjudicate the matter in proper manner, but on costs of Rs.7,000/- payable to the respondent/ plaintiff for his inordinate delay on or before the next date of adjournment.

4. Heard the learned counsel on both sides. Perused the material available on record. The detailed submissions have been made by both the parties, which are more or less on pleaded lines. Therefore, it may not be necessary for this Court to refer in detail such submissions. However, the submissions so made have received due consideration of the Court.

5. For the sake of convenience, the parties are hereinafter referred to as plaintiff and defendants as arrayed in the original suit.

6. The plaintiff has filed the original suit for ejection, recovery of arrears of rent and future mesne profits in OS No.647 of 2018. It appears, the suit summons were served on the defendants on 29.08.2018. They failed to file written statement within 90 days. However, the Court below has extended time for filing written statement till 23.01.2019 for more than two months after expiry of 90 days. In spite of the same, the defendants did not choose to file the written statement. Finally, the trial Court has forfeited the right of defendants for filing the written statement. Thus, there was a delay of one year five months in filing the written statement. When the original suit was adjourned to 18.02.2020, the plaintiff put forth their evidence and Exs.A.1 to A.5 documents are marked. There was no representation on behalf of the defendants. At that stage, the present applications came to be filed.

7. After hearing both sides and after elaborate discussion, considering the relevant case law, the learned trial Court Judge has allowed both the applications in IA Nos.231 and 232 of 2020 subject to payment of Rs.7,000/- costs by the defendants to the plaintiff and also subject to filing of the written statement by the next date of hearing.

8. Admittedly, the written statement is filed by the defendants. The learned counsel for the defendants has filed a memo dated 16.11.2021 before this Court stating that pursuant to the orders dated 30.03.2021 passed in IA Nos.231 and 232 of 2020 in OS No.647 of 2018, the respondents/defendants have paid an amount of Rs.7,000/- to the learned counsel for the petitioner/ plaintiff who issued a receipt dated 01.04.2021 to that effect and also submitted copies of receipt along with a memo. This memo dated 16.11.2021 and the receipts annexed thereto are not in dispute by the revision petitioner/plaintiff.

9. Thus the orders impugned in IA Nos.231 and 232 of 2020 are complied. The defendants have filed the written statement and paid the cost