ORDER:

The present Civil Revision Petition is filed by the petitioner/plaintiff under Article 227 of the Constitution of India, challenging the order dated 08.12.2023 in I.A.No.774 of 2023, filed by the respondents/defendants, seeking to direct the petitioner/plaintiff to deposit the balance sale consideration, in O.S.No.5 of 2023, on the file of the learned II Additional District Judge, Kakinada at Proddatur.

2. Heard the petitioner/plaintiff.

3. The petitioner/plaintiff filed the above said suit for specific performance of the agreement of sale.

4. Pending the suit, the respondents/defendants filed a petition in I.A.No.774 of 2023, seeking to direct the petitioner/plaintiff to deposit the balance sale consideration. The said petition was opposed by the petitioner/plaintiff by filing a counter stating that the petitioner/plaintiff is always ready and willing to deposit the balance sale consideration on the true extent and obtain a register sale deed in his favour, however, it is stated that some of the neighbours of the southern side of the suit schedule property disputed the title of the respondents/defendants to some extent and as such, the petitioner/plaintiff approached the respondents/defendants seeking measurement of the suit schedule property and finalize the actual extent, however, the respondents/defendants did not come forward to do so. The petitioner/plaintiff, however, stated that he is always ready to deposit the balance sale consideration on finding the actual extent of the property available for sale.

5. During pendency of the petition in I.A.No.774 of 2023, a petition to set aside the ex parte order in I.A.No.774 of 2023 was filed as though the respondents/defendants in that petition was set ex parte. On 08.12.2023, the trial Court found that such petition is pending without there being originally an order setting the respondents/defendants ex parte.

6. As such, without hearing the petitioner/plaintiff or the respondents/defendants on merits in I.A.No.774 of 2023, the petition was allowed by a cryptic order. It is pertinent to note the said order which reads as follows:

“Heard perused the record. I.A. is pending to set aside the exparty order in this petition. Though the respondent not made exparty and this I.A. is pending since long time. Hence the petitioner is directed to deposit the balance sale consideration amount within one week from the date of this order call on 18.12.2023.”

7. A reading of the above order evidences that it is not supported by any reason at all in allowing the petition in spite of the objection taken by the petitioner/plaintiff in the counter. As such, on that ground alone, the order impugned in the revision is liable to set aside. However, it is open to the trial Court to hear both the parties and dispose of the petition on merits.

8. Accordingly, the present Civil Revision Petition is allowed and the order dated 08.12.2023 in I.A.No.774 of 2023 in O.S.No.5 of 2023, on the file of the learned II Additional District Judge, Kakinada at Proddatur, is set aside and the trial Court is directed to dispose of the petition in I.A.No.774 of 2023 on merits, after hearing both the parties. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

_____________________ B.S.BHANUMATHI, J

27th February, 2024.

cbn THE HON’BLE Ms. JUSTICE B.S.BHANUMATHI C-207 CIVIL REVISION PETITION No.388 of 2024

27th February, 2024 cbn