YENDAIMURI SRIRAMACHANDRA MURTHY Vs. KORUKONDA SURYANARAYANA CHOUDARY

JUDGEMENT

(1.) THESE two revision petitions are filed by the defendants questioning the order of the learned Subordinate Judge, Ramachandrapuram setting aside the exparte decrees in O.S. 65/84 and O.S. 81/84 respectively on condition that the amounts admitted by the defendants together with interest thereon and costs deposited on or before 19-9-90. The relevant facts are as follows : The defendants are the petitioners in these revision petition. The suits O.S. Nos. 65 and 81 of 1984 were filed on the basis of mortgages executed in favour of the respective plaintiffs. The suits were decreed exparte on 23-1-90 and I A Nos. 236 and 237 of 1990 were filed by the respective defendants in the respective suits for setting aside the exparte decrees. The learned Subordinate Judge allowed the applications on condition that the petitioner in each of the lAs. deposits the admitted amount together with interest thereon and proportionate costs to the credit of the suit on or before 19-9-90. Questioning the same these two revision petitions are filed. The learned Judge in his orders clearly mentioned that the respective petitioners have admitted in their written statement their liability to the extent of amounts mentioned in the orders. In that view of the matter the learned Judge directed the petitioners to deposit the admitted amount together with interest thereon and proportionate costs to the credit of the suit on or before 19-9-90. The order of the learned Judge is perfectly justified and it is equitable apart from beiag legal. The orders do not suffer from any error of jurisdiction. Therefore, these two revision petitions are dismissed. The time for depositing the amounts expired on 19-9-90. Taking into consideration the heavy amounts to be deposited in the respective suits. I direct the petitioners herein to comply with the orders passed in I A Nos. 236 and 237 of 1990 respectively on or before the end of June, 1991. In default the exparte decrees shall stand. It is represented that certain amcunts have been deposited pursuant to the impugned order. The same will be given credit to while computing the amounts directed to be deposited by the trial court.

(2.) WITH the above direction the revision petitions are dismissed. No costs.