LAWS(APH)-2009-4-54

K MALLIKARJUNA Vs. S ANASSUYA DEVI

Decided On April 02, 2009
K MALLIKARJUNA Appellant
V/S
S ANASSUYA DEVI Respondents

JUDGEMENT

(1.) THIS Court while admitting the civil revision petition on 20. 11. 2008 in crp MP No. 6730/2008 made the following order :

(2.) THE present civil revision petition is filed as against an order dated 17. 9. 2008 made in I. A. No. 539/2008 in OS No. 934/ 2007 on the file of V Senior Civil Judge, city Civil Court, Hyderabad. The learned judge on an application filed under order XV-A read with Section 151 of the code of Civil Procedure, (hereinafter in short referred to as "code" for the purpose of convenience), directed the revision petitioner/ respondent/defendant to deposit Rs. 3,76,750/-as arrears as on 31. 1. 2008 and for the later period till August 2008 at the rate of rs. 15,750/- p. m. and such deposit to be made by 14. 10. 2008. Aggrieved by the same, the present civil revision petition had been preferred.

(3.) SRI Veer a Reddy, the learned counsel representing the petitioner had taken this Court through the Grounds of Revision and would maintain that in the facts and circumstances of the case, the direction issued by the learned Judge without appreciating the facts and circumstances of the case and without deciding the actual quantum of rent also, since there is controversy, cannot be sustained. The Counsel also had pointed out to the relevant portions of the findings recorded and would maintain that in the facts and circumstances of the case, inasmuch as the conditional order had been complied with, it would be just and proper to issue suitable directions to the learned judge to dispose of the main suit itself instead of confirming the order as such.