Venkata Narayana Vagvala And ... vs Dasari Anjana Devi And Another
2022 Latest Caselaw 5126 Tel

              HON'BLE SRI JUSTICE P.NAVEEN RAO


           CIVIL REVISION PETITION No.1168 OF 2022


                          Date:14.10.2022
Between:

Venkata Narayana Vagvala S/o.Hari Madhava Rao,
Aged about 49 yrs, Occu : Employee & another
                                                 .....Petitioners
     And

Dasari Anjana Devi W/o.late P.Sudheer Kumar,
Aged about 67 yrs, Occu : Housewife & another

                                                 .....Respondents




The Court made the following:
                                   -2-


                 HON'BLE SRI JUSTICE P.NAVEEN RAO

            CIVIL REVISION PETITION No.1168 OF 2022

ORDER :

Heard Sri Y. Koteswara Rao, learned counsel for the petitioners

and Sri Sunil B. Ganu, learned counsel for the respondents.

2. Petitioners herein are the owners of the suit schedule property.

Petitioners instituted O.S.No.830 of 2017 in the Court of IV Senior Civil

Judge, City Civil Court, Hyderabad under Section 26 r/w. Order 7 Rule

1 and 2 of Code of Civil Procedure (CPC), for eviction of the defendants

from the suit schedule property and for recovery of arrears of rent of

Rs.3,84,000/-. By order dated 10.11.2021, the suit was decreed

directing the defendants to vacate the suit schedule property and

handover physical possession of the property to the plaintiff within

three months from the date of judgment. The suit was also decreed for

Rs.3,49,000/- towards arrears of rent from December 2016 to July

2017. Aggrieved thereby the tenants/defendants filed A.S.No.5 of 2022

in the Court of XI Additional Chief Judge, City Civil Court at

Hyderabad. In the said appeal I.A.No.41 of 2022 is filed under Order

41 Rule 5 of CPC to stay all further proceedings in pursuant to the

judgment and decree dated 10.11.2021. The Court below by order

dated 10.3.2022 partly allowed the said I.A. The Court has granted a

conditional stay subject to depositing of Rs.2,00,000/- (Rupees Two

Lakhs only) towards arrears of rent out of Rs.3,49,000/- with a

direction to deposit the said amount before the concerned Court on or

before 11.04.2022.

3. According to learned counsel for the petitioners, petitioners are

entitled to higher amount. Therefore, the Court could not have

restricted to Rs.2,00,000/- only. At any rate the order is silent on

payment of monthly rent.

4. I do not see any error in the order of the Court below restricting

depositing of amount of Rs.2,00,000/- and the discretion exercised by

the Court below having regard to the facts of the case. However the

order is silent on deposit of admissible rent per month. Therefore, it is

clarified that the respondents herein shall continue to deposit

Rs.48,000/- per month before 10th of every succeeding month.

5. Civil Revision Petition is accordingly disposed of. Pending

miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J

14th October, 2022 Rds