Smt.Radha Bai Attal Died For Lrs v. Smt.Rameshwari Devi Darak

THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.4279 of 2015 ORDER:

This Civil Revision Petition, under Section 22 of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960, is filed aggrieved by the order, dated 03.09.2015, passed in I.A.No.335 of 2015 in R.A.No.208 of 2014 on the file of the Additional Chief Judge, City Small Causes Court at Hyderabad.

The respondents herein filed R.C.No.283 of 2011 before the IAdditional Rent Controller, Hyderabad, against the petitioners herein, for fixation of fair rent to the petition scheduled property, and the same was allowed by order dated 28.08.2014. Against the same, the petitioners herein filed the aforesaid R.A. Pending the said R.A., the petitioners also filed the present application in I.A.No.335 of 2015, under Order XXVI Rule 9 read with 151 of CPC, seeking appointment of Advocate Commissioner to note down the source of water to the rented premises. By the impugned order, the said I.A was dismissed. Hence, this revision.

Heard learned counsel for the petitioners and Sri Bankatlal Mandhani, learned counsel for the respondents. During the course of hearing, it is fairly submitted that there is no specific plea at all disputing water connection to the rented premises in the main R.C filed before the I-Additional Rent Controller, Hyderabad. In that view of the matter, this Court finds no reason seeking appointment of Commissioner and the revision is devoid of merits.

Accordingly, the Civil Revision Petition is dismissed. No order as to costs.

The miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.

_____________________ R.SUBHASH REDDY, J 09.10.2015 v v