HON'BLE SRI JUSTICE P.NAVEEN RAO
CIVIL REVISION PETITION No.1081 OF 2023
Date: 06.04.2023
Between:
M/s. Edessary Pharma,
Rep.by its Proprietor,
Saurabh Agarwal, s/o. Vijay Kumar Agarwal,
Aged 37 years, occu: Business,
r/o. 3-4-872, Barkatpura, Hyderabad.
.....Petitioner/petitioner/
JDR/defendant No.2
and
Dr.Prakash P Ghatage, s/o. late P.S.Ghatage,
Aged 60 years, occu: Doctor,
r/o. USA, rep.by GPA holder Mr. Smith Gala,
s/o.Arun Gala, Aged 31 years, occu:Business,
r/o.Arihanth Agency, Kacheguda, Hyderabad
and another
.....Respondents/respondents/
DHR/plaintiff
Sri Kishanchand Singhal s/o. P.R.Gupta,
Aged 77 years, occu: Business,
r/o. 3-2-836/2, Lingampally,
Kachiguda, Hyderabad.
..... Respondent/respondent/
DHR/defendant no.1
The Court made the following:
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HON'BLE SRI JUSTICE P.NAVEEN RAO
CIVIL REVISION PETITION NO.1081 OF 2023
ORDER:
Heard learned counsel Sri A.Ravi Teja for the petitioner and the learned counsel Sri R.Rama Brahmma for the first respondent.
2. Respondents 1 and 2 herein and Smt. Kusum P.Ghatage claim as owners of Mulgi bearing no.3-2-836/2 forming part of premises bearing no.3-2-836 with dimensions of 12 ft x 25 ft and 10 ft x 20 ft of total area of 550 square feet, located in Kachiguda Main Road, Hyderabad. It was leased out to Sri. Kishanchand Singhal (3rd respondent herein) in the year 1990 on initial monthly rent of 1,000/-. The premises is used for running 'Edessary Pharma'. Sri. Kishanchand Singhal is the proprietor of Edessary Pharma. Respondents 1 and 2 herein and Smt. Kusum P.Ghatage filed R.C.No.264 of 2012 in the Court of IV Additional Rent Controller at Hyderabad contending that in spite of several requests made, the rent was not increased and prayed to increase the rent @ 40,000/- per month from August, 2012. However, by Order dated 08.05.2015, the Rent Controller granted enhancement of rent @ 24,000/- per month from the month of August, 2012, excluding the property tax and electricity charges with increase of 5% per annum while the -3- lease in force. The respondent was directed to pay the arrears of rents from August 2012 to April, 2015.
3. Respondents 1 and 2 herein instituted O.S.No.803 of 2016 against the 3rd respondent herein praying to grant decree for eviction of defendant from the mulgie consisting of two rooms and payment of 14,01,316/- towards arrears of rents and mesne profits and future mesne profits @ 30,000/- per month from December, 2016 till the delivery of the suit schedule property. During the pendency of the said suit, M/s. Edessary Pharma, represented by its Proprietor Sanjay Kumar Garg, filed I.A.No.245 of 2018 praying to implead him as defendant no.2. The Court below, by order dated 02.08.2018 allowed the said I.A.
4. Court is informed that O.S.No.803 of 2016 was decreed on 13.07.2022 directing the defendants to vacate the suit schedule premises within three months and was further directed to pay a sum of 14,01,316/- towards arrears of rents, mesne profits and other amounts, a sum of 30,000/- per month towards future mesne profits from December, 2016 till the delivery of the suit schedule property. Court is informed that said judgment and decree has become final. Court is informed that Edessary Pharma filed I.A.No.1722 of 2022 in O.S.No.803 of 2016 in the Court of XI Additional Chief Judge, City Civil Court, Hyderabad praying to -4- condone the delay of 45 days and also filed another I.A.No.1723 of 2022 praying to set aside the ex parte judgment and decree dated 13.07.2022 in O.S.No.803 of 2016 and said IAs are pending consideration of the concerned Court.
5. While that being so, the plaintiffs in O.S.No.803 of 2016 filed E.P.No.789 of 2022 seeking enforcement of judgment and decree passed in their favour. In the said E.P., petitioner herein filed E.A.No.99 of 2022 praying the Court to stay all further proceedings. By Order dated 03.03.2023, impugned herein, the Court below observed that no document was filed for a decade regarding payment of rent and the petitioner committing default and not paying the rents. In those circumstances, petition filed by the petitioner was conditionally allowed directing the petitioner to make deposit of arrears of rent of 14,01,316/- in two monthly instalments.
6. Having regard to the issue involved and the history of litigation briefly noted, I do not see any error in the decision of Court below directing the petitioner to pay the amount mentioned in the Order dated 03.03.2023 by granting two instalments for making said payment.
7. At this stage, the learned counsel for petitioner requested to grant some more time to deposit the amount ordered by the Court below. Having regard to said prayer, I deem it proper to grant little -5- more time for petitioner to deposit the amount. The time to deposit first instalment on or before 20.03.2023, as directed by the Court below in E.A.No.99 of 2022, is extended till 05.05.2023 and the time to deposit second instalment on or before 20.04.2023 is extended till 05.06.2023. The Civil Revision Petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed.
__________________________ JUSTICE P.NAVEEN RAO Date: 06.04.2023 KKM -6- HON'BLE SRI JUSTICE P.NAVEEN RAO CIVIL REVISION PETITION No.1081 OF 2023 Date: 06.04.2023 kkm