Rajat Kanti Dhara v. Dhara Ranjit Kumar , Rankit Kumar Dhara

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIIVL REVISION PETITION NO.4365 OF 2017 DATED:01-09-2017 Between:

Rajat Kanti Dhara ... Petitioner And Dhara Ranjit Kumar and others ... Respondents COUNSEL FOR THE PETITIONER: Mr. G. Umapathi Sastry COUNSEL FOR THE RESPONDENTS: - THE COURT MADE THE FOLLOWING:

CVNR, J CRP 4365/2017 ORDER:

This civil revision petition is filed by respondent No.1 in R.C.C. No.19 of 2015 on the file of the Rent Controller-cum-IV Additional Junior Civil Judge, Visakhapatnam, who suffered a decree for eviction and also recovery of arrears of rent, feeling aggrieved by order dt.21.6.2017 in E.P. No.13 of 2017 filed in the aforesaid RCC.

In the preamble portion of the memorandum of the revision petition the petitioner has stated that he has filed the revision petition against the order of his eviction, vide docket order dt.21.6.2017. The said docket order shows that the Court below, in the aforesaid E.P. filed by respondent No.1, issued warrant against the petitioner under Order XXI Rule 35 of the Code of Civil Procedure, 1908 read with Section 15 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. The learned counsel for the petitioner submitted that his client has not filed any appeal against the eviction order. In the absence of any order granting stay of eviction by the competent court, the lower Court is justified in issuing warrant against the petitioner. The petitioner cannot question the order issuing warrant in execution of eviction order without availing the remedy of appeal.

For the aforementioned reasons, I do not find any illegality in the order of the lower Court. Hence, the civil revision petition is dismissed. As a sequel to dismissal of the civil revision petition, C.R.P.M.P. No.5735 of 2017 shall stand disposed of as infructuous. _______________________ C.V. NAGARJUNA REDDY, J 01-09-2017 bnr