THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL REVISION PETITION No.3873 of 2014 Dated: 30.10.2014 Between:
Sagar Restaurant Partnership Firm and others. .. Petitioners and M. Raj Lingam Goud and another.
.. Respondents Counsel for the petitioners: Mr. V.L.N.G.K. Murthy Counsel for respondent No.1: Mr. B. Chandrasen Reddy For Ms. M. Tejaswini
ORDER:
This civil revision petition is filed against order dated 26.09.2014 in E.A.No.168 of 2014 in E.A.No.167 of 2014 in E.P.No.118 of 2014 in R.C.No.1 of 2010 on the file of the learned Principal Junior Civil Judge, Ranga Reddy District.
Mr. V.L.N.G.K. Murthy, learned counsel for the petitioners, and Mr. B. Chandrasen Reddy, learned counsel representing respondent No.1, have advanced elaborate arguments.
In deference to the view of this Court that the lower Court ought to have disposed of E.A.No.167 of 2014 on merits rather than rejecting the same, Mr. B. Chandrasen Reddy, learned counsel for respondent No.1, after making his valiant efforts to convince this Court to change its view, agreed for setting aside the impugned order, subject to the condition that the petitioners pay to respondent No.1, the arrears of rent at the rate of Rs.31,000/- per month, by way of demand draft, from January 2014 till October 2014 and that they pay the monthly rent at that rate from November 2014, by way of demand drafts, till disposal of E.A.No.167 of 2014 on merits. Mr. V.L.N.G.K. Murthy, learned counsel for the petitioners, fairly agreed for these conditions.
In the light of the above, the order of the lower Court is set aside, subject to the condition that the petitioners shall pay to respondent No.1 the arrears of rent at the rate of Rs.31,000/- (Rupees Thirty One Thousand only) per month from January 2014 till October 2014, by way of demand draft, within two months from today. The petitioners shall also pay to respondent No.1 monthly rent from November 2014, by way of demand drafts, on or before 5th of every succeeding month, till disposal of E.A.No.167 of 2014. The lower Court is directed to dispose of E.A.No.167 of 2014 on merits after hearing both sides within three months from the date of receipt of this order.
Subject to the above directions, the civil revision petition is allowed.
As a sequel to the allowing of the civil revision petition, C.R.P.M.P.No.5283 of 2014 shall stand disposed of as infructuous.
30th October, 2014 C.V. NAGARJUNA REDDY, J IBL