Sardar Amarjeet Singh Chawla v. Narsing Rao Sarda

HON'BLE SRI JUSTICE P.NAVEEN RAO CIVIL REVISION PETITION Nos.1499 AND 1604 OF 2022 Date:23.09.2022 C.R.P.No.1499 of 2022 :

Between:

Narsing Das Sarda S/o.Late Govindlal Das Sarda, Aged about 49 yrs, Occu : Business, R/o.H.No.15-8-129/1/18, Ground Floor, Chwla Building, Satnam Nivas, Begum Bazar, Hyderabad .....Petitioner And Sardar Amarjeet Singh Chawla, S/o.Sardar Satnam Singh Chawla, Aged about 45 yrs, Occu : Business, R/o.15-8-129/1/18, 2nd floor, Chawla Building, Satnam Nivas, Begum Bazar, Hyderabad .....Respondents The Court made the following:

- 2 - HON'BLE SRI JUSTICE P.NAVEEN RAO CIVIL REVISION PETITION Nos.1499 AND 1604 OF 2022 COMMON ORDER :

These two Civil Revision Petitions are filed by the appellant and respondent respectively in A.S.No.57 of 2022 on the file of XXIV Additional Chief Judge, City Civil Courts, Hyderabad. The revision petitioner in C.R.P.No.1499 of 2022 is before this Court against the order dated 21.06.2022 passed in I.A.No.159 of 2022 in A.S.No.57 of 2022 directing him to deposit Rs.5,00,000/- (Rupees Five Lakhs only) as a security for the amount that will be determined towards mesne profits. The respondent in A.S.No.57 of 2022 who is the petitioner in C.R.P.No.1604 of 2022 is challenging the very same order, praying to enhance the amount.

2.

However, during the course of hearing, learned Senior Counsel Sri J.Prabhakar appearing for the petitioner in C.R.P.No.1604 of 2022 fairly submits that the matter is ripe for hearing before the first appellate Court and if petitioner in C.R.P.No.1499 of 2022 cooperates for early disposal of appeal, petitioner in C.R.P.No.1604 of 2022 will not insist for depositing of the amount as ordered by the trial Court and also for enhancement of the amount determined by the trial Court.

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Learned Senior Counsel also produced the proceedings dated 17.08.2022 and 14.09.2022 of the first appellate Court. On 14.09.2022, the matter was adjourned at request of learned counsel for the appellant. Learned counsel for the respondent showed his readiness and also filed written arguments. The matter was adjourned to 28.09.2022 for arguments of learned counsel for the appellant. 4.

Since the trial Court expresses its inclination to hear the appeal itself and the matter is now adjourned to 28.09.2022 for hearing, petitioner in C.R.P.No.1499 of 2022 is directed to appear before the Court below and make his submissions on the said date. The trial Court is directed to expedite the hearing of appeal and conclude the proceedings within a period of eight (8) weeks from the date of receipt of copy of this order. In view of fair statement of learned Senior Counsel Sri J.Prabhakar no orders are required in C.R.P.No.1499 of 2022. 5.

Accordingly, the Civil Revision Petitions are disposed of. However, it is always open to respondent to file appropriate application before the trial Court for enhancement of mesne profits and it is for the trial Court to consider the same.

Pending miscellaneous petitions, if any, shall stand closed. __________________ P.NAVEEN RAO,J 23rd September, 2022 Note :

Issue c.c. by 27.09.2022

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