T. Vijaya Kumar v. Surajmal Agarwal

HON'BLE SMT. JUSTICE P.SREE SUDHA C.R.P.Nos.1429 AND 1439 of 2021 COMMON ORDER 1.

C.R.P.No.1429 of 2021 is directed against the order dated 01.06.2021 passed in I.A.No.32 of 2020 in R.C.No.77 of 2004 on the file of the learned II Additional Rent Controller, City Small Causes Court, Hyderabad, whereunder the trial Court allowed the petition filed seeking to amend the order dated 23.07.2008 in R.C.No.77 of 2004.

2.

C.R.P.No.1439 of 2021 is directed against the order dated 01.06.2021 passed in I.A.No.31 of 2020 in R.C.No.77 of 2004 on the file of the learned II Additional Rent Controller, City Small Causes Court, Hyderabad, whereunder the Court below allowed the petition filed seeking to amend the petition schedule in R.C.No.77 of 2004 by replacing the term 'Vallabh Nagar' with 'Vallabhdas Building'.

3.

Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents at length and perused the case law cited by both the counsel.

4.

When both the matters are taken up for hearing on 07.04.2022, learned counsel for the respondents would submit that since there is no stay in these revision petitions, the trial Court heard the arguments in E.P.Nos.9 and 10 of 2021 filed by the landlord seeking break open the lock and police protection and awaiting for results. Again, on 08.04.2022 it was brought to the notice of this Court that the trial Court allowed both the applications filed by the landlord, and as such, the subject matter of these revision petitions has become infructuous. 5.

Per contra, learned counsel for the petitioners would contend that disposal of the execution petition is subject to the result of the revision petitions.

6.

Perusal of the orders under challenge, it would show that C.R.P.No.1429 of 2021 is preferred against the orders in I.A.No.32 of 2020 in R.C.No.77 of 2004 in which the petitioners therein sought for amend of the order dated 23.07.2008 in R.C.No.77 of 2004 by adding the petition schedule property as 'Vallabdas Building' intead of 'Vallab Nagar'. The trial Court after considering the arguments advanced by both the counsel, allowed the applications and it is no way concerned with the

execution proceedings and as such the arguments of the learned counsel for the petitioners is not accepted. 7.

In the light of the submissions made by the learned counsel for the respondents that both the petitions filed by the landlord before the trial Court i.e. E.A.Nos.9 and 10 of 2021 seeking break open the lock and police protection are allowed, nothing survives for adjudication in these two revisions 8.

Accordingly, the Civil Revision Petitions are dismissed. 9.

Pending miscellaneous petitions, if any, shall also stand dismissed in the light of this common order.

____________________ P.SREE SUDHA, J.

12th APRIL, 2022.

PGS