P Ganeshrao v. V Kumar

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CIVIL REVISION PETITION No.2596 of 2018 ORDER:

Heard Sri Kasthuri Surender, learned counsel for the revision petitioner.

The present Civil Revision Petition is directed against the order, dated 15.03.2018, in I.A.No.240 of 2018 in R.A.No.25 of 2018 on the file of the Chief Judge, City Small Causes Court at Hyderabad, whereby and whereunder the learned Chief Judge granted ad-interim stay of all further proceedings pursuant to the eviction orders dated 25.01.2018 in R.C.No.65 of 2016 on the file of the Additional Rent Controller, City Small Causes Court, Secunderabad, concerning the petition schedule property, till 10.04.2018.

By the order, dated 25.01.2018, in R.C.No.65 of 2016, the Additional Rent Controller directed the respondent-tenant to vacate and handover the petition schedule property by granting two months' time. Aggrieved over the same, the tenant preferred the Rent Appeal along with interlocutory application seeking stay of execution of the eviction orders. By the impugned order, dated 15.03.2018, the learned Chief Judge granted ad-interim stay till 10.04.2018 and ordered notice to the landlord, the petitioner herein. In such an event, the landlord is at liberty to file his counter and get the arguments tendered in the said interlocutory application. In case the request of the petitioner herein to set aside the stay order is acceded to, certainly, it would not only amount to vacating the stay order, but also the very purpose of preferring the

Rent Appeal gets defeated, for the reason that the Rent Appeal is treated at par with the first appeal where re-appraisal of evidence is prime requisite. Hence, there is no merit in the present revision. The Civil Revision Petition is accordingly dismissed. No order as to costs.

Miscellaneous Petitions, if any, pending in the present revision, stand closed.

___________________________ A. SHANKAR NARAYANA, J 23.04.2018 v v