Telangana High Court
Raheemunnisa Begum vs Sayed Saleem on 9 December, 2022
Bench: A.Venkateshwara Reddy
THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY
C.R.P.No.2358 of 2019
ORDER:
This Civil Revision Petition is filed under Article 227
of the Constitution of India by the judgment debtor/
defendant in E.P.No.282 of 2015 in O.S.No.816 of 2008 on
the file of the learned I Additional Senior Civil Judge,
Ranga Reddy District, assailing the order dated
22.11.2018.
2. As per the docket proceedings impugned, it is
recorded as decree holder present. The learned counsel for
decree holder filed a memo stating that judgment debtor
failed to deposit arrears of rent as directed by High Court
and as such to pass orders. Since there was no
representation for judgment debtor till 02:00 p.m., warrant
under Rule 35 of Order 21 CPC was issued against the
judgment debtor and the matter was directed to be listed
on 26.12.2018. This order came to be challenged through
this revision petition.
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CRP No.2358 of 2019
3. The defendant has filed A.S.No.121 of 2016
assailing the judgment and decree dated 25.03.2005 in
O.S.No.816 of 2008 on the file of the learned I Additional
Senior Civil Judge, Ranga Reddy District at L.B.Nagar.
Along with the appeal suit, she has also filed IA No.1 of
2016 (ASMP No.276 of 2016) wherein this Court upon
hearing on both sides extended the stay granted earlier on
10.02.2016 till the disposal of the appeal on condition of
the appellant depositing an amount of Rs.2,000/- per
month from the date of suit till the date of appeal within
eight weeks from the date of order and shall continue to
deposit Rs.2,000/- per month by 10th of every succeeding
month, pending appeal, failing which the said order shall
be deemed to be cancelled. That apart, the appellant was
also directed to deposit the costs awarded against her by
the trial Court within three weeks and upon such deposit
the plaintiff was permitted to withdraw the same.
4. The specific case of the respondent/decree
holder is that since the petitioner/judgment debtor has
failed to comply with the directions in I.A.No.1 of 2016
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CRP No.2358 of 2019
(ASMP No.276 of 2016) in AS No.121 of 2016 the
plaintiff/decree holder has filed E.P. for delivery of
possession and till date the conditions extracted in the
preceeding paragraph are not complied with.
5. Be it stated that the said appeal suit in AS
No.121 of 2016 is dismissed today, vide separate orders
and in view of the dismissal of the appeal suit and also in
view of non-compliance of the order dated 02.11.2016 in IA
No.1 of 2016 (ASMP No.276 of 2016), I do not find any
merit in the civil revision petition to stay the operation of
the judgment and decree in OS No.816 of 2008.
6. In the result, the civil revision petition is
dismissed as devoid of merits without costs.
As a sequel, miscellaneous applications, if any
pending in this civil revision petition, shall stand closed.
_________________________________
A. VENKATESHWARA REDDY, J.
Date: 09.12.2022
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