LAWS(TLNG)-2022-12-23

SYED BAQUER HUSSAIN Vs. MANINDER SINGH

Decided On December 12, 2022
Syed Baquer Hussain Appellant
V/S
Maninder Singh Respondents

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India by the petitioner/plaintiff assailing the dismissal of I.A.No.840 of 2022 in O.S.No.4868 of 2021 on the file of IX Junior Civil Judge, City Civil Court, Hyderabad.

(2.) This application in I.A.No.840 of 2022 is filed under Order XV-A read with Sec. 151 of Civil Procedure Code (for short 'CPC') to direct the respondents/defendants to deposit the arrears of rents @ Rs.15,000.00 per month from May, 2021 onwards till disposal of the Original Suit. The trial Court, upon hearing both sides, dismissed the said application with an observation that as per Order XVA of CPC only the admitted arrears of rent can be directed to be paid by the defendants and there is a serious dispute with regard to the arrears of rent and that it can be adjudicated only at the time of trial and as such, the application filed by the plaintiff was dismissed. Feeling aggrieved by the order impugned dtd. 3/8/2021 in I.A.No.840 of 2021 this civil revision petition is filed by the petitioner/plaintiff.

(3.) Notice served on the respondents/defendants. But there is no representation. Heard learned counsel for the petitioner/plaintiff. The submissions made by him have received due consideration of this Court.