M/S.Delta Cars Private Limited v. K.Tulasi Ram

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No. 3942 of 2011 ORDER:

This Civil Revision Petition is filed against the order dated 21.07.2011 passed by the XII Additional Chief Judge (FTC), City Civil Court, Hyderabad, in I.A.No.483 of 2010 (old I.A.No.4015 of 2008) in O.S.No.662 of 2008.

Shorn of all details, the petitioner herein is the defendant and the respondents are the plaintiffs in the suit. The plaintiffs/owners filed the suit seeking eviction of the defendant/tenant from the suit schedule property. Pending the suit, the plaintiffs filed the above Interlocutory Application seeking a direction to the defendant to deposit arrears of rent. The Court below, by the impugned order dated 21.07.2011, partly allowed the Interlocutory Application directing the defendant to pay a sum of Rs.1,62,00,000/-, by providing adjustment of a sum of Rs.48,00,000/- and another sum of Rs.25,90,624/-. Challenging the same, the defendant filed the present Civil Revision Petition. This Court, on 14.10.2011, while admitting the Civil Revision Petition, directed the respondents to give credit to the sum of Rs.

32,00,000/-, which was given by the petitioner as security deposit, while paying the arrears of amount under the impugned order. Now, it is submitted by both the learned counsel that except the amount of Rs.32,00,000/-, the balance amount has been deposited to the credit of the suit and the same was also withdrawn by the respondents.

Whether the amount of Rs.32,00,000/- is required to be given credit to the petitioner or not is an issue which can be considered while considering the claims of the respondents with respect to the arrears of lease amount, and other amounts which they claimed pending vacation of the premises. In other words, what remains to be considered in the suit is only settlement of accounts between the

parties based on the evidence adduced.

Both the learned counsel fairly submit that a direction may be issued to the Court below to dispose of the suit as expeditiously as possible, as the issue that is required to be considered in the suit is only with regard to the amounts that are payable by the petitioner to the respondents vis-à-vis the counter claims.

In that view of the matter, the Civil Revision Petition is disposed of with a direction to the XII Additional Chief Judge, City Civil Court, Hyderabad, to dispose of O.S.No.662 of 2008 as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. The observations made in this order are only prima facie and the respective parties are entitled to canvass the issues raised, particularly, with respect to the liability or otherwise of the amounts, in the suit. Consequently, pending miscellaneous applications, if any, shall also stand dismissed. There shall be no order as to costs.

____________________________ CHALLA KODANDA RAM, J Date: 28.01.2016 va