A.Ashok, v. The Osmangunj Extension Cooperative Housing Society Ltd.,

THE HONOURABLE SRI JUSTICE DILIP B.BHOSALE Civil Revision Petition Nos.2931, 2940, 2988 and 3018 of 2014 COMMON ORDER:

Heard learned counsel for the parties.

These four Civil Revision Petitions are against similar orders passed on interim applications, filed by the petitioners under Section 10 read with Section 151 of the Code of Civil Procedure, seeking stay of the proceedings in R.A.Nos.318, 218, 219 of 2010 and R.A.No.142 of 2011 respectively, pending the hearing and disposal of O.S.Nos.264 and 265 of 2008 on the file of XX Junior Civil Judge, City Civil Court, Hyderabad.

Petitioners are the respondents in R.C.Nos.228 and 231 of 2007, which were filed for fixation of fair rent. Both the RCs were allowed by the trial Court against which appeals were filed by both the sides bearing R.A.Nos.218, 219, 318 of 2010 and 142 of 2011. During pendency of these appeals, the interim orders were passed. Petitioners have filed two original suits bearing O.S.Nos.264 and 265 of 2008 for specific performance of 'agreements for sale' in respect of the tenement in dispute. In this backdrop, when I expressed the order that I propose to pass for disposing of all the four Civil Revision Petitions, learned counsel for the parties have agreed for the following order:

1) the Court where O.S.Nos.264 and 265 of 2008 are pending shall endeavor to dispose of these suits either together or one after another as expeditiously as possible and in any case within a period of six months from today;

2) learned counsel for the petitioners and respondent state that the parties would co-operative for the disposal of the suits within the stipulated time and shall not seek adjournment on frivolous grounds. Their statements are recorded and accepted;

3) petitioners are directed to produce copy of this order before the Court where O.S.Nos.264 and 265 of 2008 are pending, within a period of ten days from today;

4) meanwhile, the appellate Court may proceed to hear R.A.Nos.218, 219, 318 of 2010 and 142 of 2011 and decide the appeals on merits in accordance with law;

5) it is also open to the respondents to file suit for recovery of rent subject to right of the petitioners to challenge the order that would be passed in the aforementioned appeals and subject to the judgment that will be passed in O.S.Nos.264 and 265 of 2008 pending on the file of XX Junior Civil Judge, City Civil Court, Hyderabad. With these observations, all the Civil Revision Petitions are disposed of. No costs.

Miscellaneous petitions pending in the Civil Revision Petitions, if any, also stand disposed of.

____________________ DILIP B.BHOSALE, J 23rd January, 2015.

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