Sanjay Chincholiker vs Smt. K. Dhanalaxmi
2021 Latest Caselaw 1297 Tel

     THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM

                     C.R.P. No. 2847 of 2019

ORDER :

This Revision is filed against the order dated 17.10.2019 in

I.A. No. 1705 of 2019 in I.A.No. 921 of 2019 in A.S. No. 98 of 2019

on the file of the III Additional Chief Judge, City Civil Courts,

Hyderabad.

The above said Application was taken out by the petitioner /

appellant to modify the interim order dated 10.07.2019 granted in

I.A.No. 921 of 2019, whereunder stay of judgmental and decree in

O.S.No. 803 of 2015, dated 22.03.2019 passed by the VII Junior

Civil Judge, City Civil Courts was granted while directing the

appellant to deposit the arrears of rent up to the filing of the said

Application within two months, in default, the stay should stand

vacated.

The principal ground on which the order under Revision is

challenged is, while the petitioner had sought review /

modification of the order in I.A.No. 921 of 2019, whereunder he

was directed to deposit the arrears of rent, further relief was

granted by adding conditions while dismissing the review.

Learned counsel for the petitioner submits that the learned

Judge had exceeded the jurisdiction in that review and granted the

relief which otherwise not sought for by the respondent. The

learned counsel submits that the judgment and decree was an ex

parte judgment and decree and the Appeal itself could have been

disposed of by the learned Judge by remanding the matter to the

trial Court for consideration on merits.

On the other hand, learned counsel for the respondent

asserted that the conditional order was made by the learned Judge

keeping in view the judgment and decree passed and the same

cannot be found fault. In that view of the matter, the learned

counsel submits that direction to deposit arrears of rent ought to

have been reviewed.

A perusal of the order impugned discloses that while the

order made on 10.07.2019 in I.A.No. 921 of 2019 was only to

deposit the arrears of rent up to the filing of the Application, within

two months, now, a further direction was issued to continue to

deposit the monthly admitted amount till the disposal of the

Appeal with a default clause. While there was no permission

granted in I.A.No. 921 of 2019, to withdraw the amounts

deposited, without there being a prayer in the review, such

permission was also granted.

Clearly the order impugned to the extent of directing the

petitioner to deposit the admitted rent of Rs.12,000/- till the

disposal of the Appeal and permitting withdrawal of the same being

excess of the review jurisdiction, the order under review is set

aside to the extent of the additions made contrary to the order

dated 10.07.2019 in I.A.No. 921 of 2019. At this stage, the learned

counsel for the petitioner prays for extension of time for complying

with the order in I.A.No. 921 of 2019. 30 days' time is granted.

The Civil Revision Petition is accordingly, allowed. No costs.

Miscellaneous petitions, if any pending, shall stand closed.

____________________________ CHALLA KODANDA RAM, J 22nd April 2021

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