THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION Nos. 3786 AND 3787 OF 2014 Dated:09-12-2014 Between:
Smt. G. Gulab Bai
... PETITIONER
AND
Arya Vysya Abyudhaya Sangham
. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION Nos. 3786 AND 3787 OF 2014 ORDER:
These two revisions are filed by the tenants in respect of two different premises owned by the same landlord i.e., the respondent herein. The respondent filed R.C Nos.186 and 188 of 2009 before the Additional Rent Controller, Secunderabad for eviction of the petitioners herein. The R.Cs were allowed by the learned Rent Controller. Thereupon, the petitioners filed appeals before the vacation court. The appeals were returned by the vacation court observing that it does not have jurisdiction in respect of the city small causes court. Aggrieved by that, the petitioners presented the appeals themselves, before this Court, apart from filing C.R.P Nos.1451 and 1452 of 2014. The revisions were disposed of by this Court on 06-06-2014 leaving it open to the petitioners to file appeals before the appellate authority. However, since there was delay in the process, applications were filed under Section 5 of the Limitation Act for condonation of delay of 100 days. In the meanwhile, the respondent filed E.P Nos.17 and 18 of 2014 for enforcement of the orders of eviction. Since the bailiff reported that the premises are locked, the respondent filed E.A Nos.36 and 39 of 2014 for breaking open the locks. The said I.As were allowed through docket order dated 20-10-2014. Hence, these two revisions.
Heard Sri Rama Rao Immaneni, learned counsel for the petitioners and Sri D. Madhava Rao, learned counsel for the respondent.
In their anxiety to avail the remedy of appeal, the petitioners have approached different fora. The fact remains that as on today, appeals are pending before the appellate authority i.e., the Chief Judge, City Small Causes Court, Hyderabad. If the petitioners are dispossessed from the premises even while the applications for condonation of delay are pending, the very purpose of filing the appeals would be defeated.
Hence, the C.R.Ps are allowed and the further proceedings in E.P Nos.17 and 18 of 2014 are stayed till the learned Chief Judge, City Small Causes Court, Hyderabad passes orders on the applications for condonation of delay. In case, such applications are dismissed, further steps shall be deferred for a period of two weeks.
The miscellaneous petitions filed in these revisions shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
09-12-2014
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