M/ S. Edessary Pharma vs Dr. Prakash P Ghatage
2023 Latest Caselaw 1537 Tel

             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:
                                   -2-


                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

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

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

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

HON'BLE SRI JUSTICE P.NAVEEN RAO

CIVIL REVISION PETITION No.1081 OF 2023

Date: 06.04.2023 kkm