THE HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL REVISION PETITION No.1853 of 2014 Date:13.11.2014 Between:
Sri Syed Noor Mohammed and another.
. Petitioners.
AND M/s.Hindustan Petroleum Corporation Ltd., Petroleum House, 17, Jamshedji, Tata Road, Mumbai-4000 020, having its Regional Office, Seduncerabad-500 003, rep by the Chief Regional Manager, Mr.S.K. Suri and another.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL REVISION PETITION No.1853 of 2014 ORDER:
This revision is preferred against the orders in I.A.No.64/2014 in A.S.No.03/2014, dated 06-06-2014, whereunder I Additional District Judge, Medak at Sangareddy suspended the judgment of the trial Court on the condition of payment of arrears of rent and costs of the suit, within 15 days from the date of order and also Court Fee on mesne profits. Aggrieved by the same, the plaintiff preferred this revision.
2. Heard both sides.
3. Advocate for revision petitioner submitted that the First Appellate Court, without appreciating the fact that the trial Court awarded mesne profits at the rate of Rs.60,000/- per month, after full pledged trial from June 2011 till delivery of possession granted stay of execution of decree and directed the appellant to deposit arrears of rent from June 2011. Advocate for revision petitioner submitted that respondent is only depositing admitted rent of Rs.23,000/- taking advantage of the stay order, as the direction is only to deposit arrears of rent instead of arrears of mesne profits.
4. Other side opposed the revision and submitted that the first respondent is a company and the admitted rent was only Rs.23,000/-, but the trial Court abnormally fixed mesne profits rent at Rs.60,000/- and as the quantum is questioned in the appeal, the appellant is not expected to deposit the mesne profits, he is only expected to deposit the rent therefore, appellate court is right.
5. Considering the submissions of both sides instead of going into the merits and demerits of the case, I feel that the revision can be disposed of by directing the first respondent herein i.e., appellant before I Additional District Judge, Medak at Sangareddy to deposit arrears of mesne profits as fixed by the trial Court to the credit of the suit and permitting the decree holder/revision petitioner herein to withdraw the admitted rent of Rs.23,000/- only and that the remaining balance shall be kept in the form of a fixed deposit. Arrears of difference mesne profits shall be deposited within 3 three months from this day. First respondent herein shall continue to deposit mesne profits as fixed by the trial Court during pendency of the appeal and the revision petitioner can withdraw only the admitted rent of Rs.23,000/- during pendency of the appeal and every month’s difference deposit amount shall be kept in a fixed deposit, till disposal of the appeal. As both side Advocates submitted that they are ready to proceed with the hearing of the appeal, the appellate Court is directed to dispose of the appeal as expeditiously as possible.
6. With above direction, Civil Revision Petition is disposed of. No costs.
7. As a sequel, miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand disposed of.
JUSTICE S. RAVI KUMAR
Date:18.07.2014 mrb