Mohd.Merajuddin vs Syed Khaja Mazharuddin
2022 Latest Caselaw 1072 Tel

     HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY

         CIVIL REVISION PETITION No.1639 OF 2017

ORDER:

Learned counsel for the petitioners and the learned

counsel for the respondents called absent. There is no

representation.

2. This Civil Revision Petition is filed assailing the orders in

I.A.No.319 of 2016 in O.S.No.1723 of 2014 dated 23.01.2017.

3. As per the said orders, since the original suit was decreed

on 23.01.2017, the respondents/defendants were directed to

pay the arrears of rent from March, 2014 at the rate of

Rs.4,000/- per month till the date of delivery of possession to

the petitioners/plaintiffs and in case of non-compliance of the

said order, they are entitled for the same by due process of law.

This order is questioned by the defendants in this revision.

Hence, presence or representation on behalf of the petitioners is

felt essential.

4. On verification of the material available on record, it is

found that O.S.No.1723 of 2014 filed by the plaintiffs against

the defendants was partly decreed with costs directing the

defendants to deliver the vacant physical possession of the suit

schedule property to the plaintiffs within two months from that

day, failing which the plaintiffs were entitled for the same by

due process of law and the rest of the claim for mesne profits

was dismissed. The plaintiffs are entitled for the same by way of

separate petition. It appears, on the very same day, the

plaintiffs have filed I.A.No.319 of 2016 and the same was

allowed by the order impugned by the learned III Junior Civil

Judge, City Civil Court, Hyderabad. Having challenged this

order, the petitioners/defendants have not evinced any interest.

Therefore, I do not find any infirmities in the order and it is in

conformity with the judgment and decree of the trial Court in

O.S.No.1723 of 2014 and it does not support from any

jurisdictional error.

5. In the result, the Civil Revision Petition is dismissed

confirming the order impugned dated 23.01.2017. There shall

be no order as to costs. Miscellaneous Petitions, if any, pending

in this Civil Revision Petition shall stand closed.

__________________________________ A. VENKATESHWARA REDDY, J

Date:08.03.2022 KH

HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY

CIVIL REVISION PETITION No.1639 OF 2017

Date:08.03.2022

KH