SURESH KUMAR KAIT, J.

Vide the present petition, the petitioners have challenged the order dated 16.08.2016 passed in R.A.No.176 of 2013 by the Chief Judge, City Small Causes Court, Hyderabad, whereby, the appeal filed by them against the order passed in RC No.69 of 2011, dated 31.07.2013 by the Additional Rent Controller, Secunderabad, has been dismissed.

2. When the present petition was listed before the learned Single Judge, Sri Justice M. Satyanarayana Murthy, on 01.08.2017, an order was passed, which reads as under:

“In view of present anomalous situation, I am unable to express any view with regard to correctness of either of the judgments. Hence, the following question is formulated to answer by Division Bench:

Whether fair rent fixed by Rent Controller exceeding the upper limit of jurisdiction of Rent controller fixed under Section 32 of the Act from the date of petition under Section 4(1) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, takes away the jurisdiction that conferred on the Rent Controller in a petition filed under Section 10 of the Act, subsequent to filing of petition under Section 4(1) of the Act?.”

3. Thus, the present petition is listed befo