ORDER :

As parties to these two Revision Petitions are common and the issue pertains to the conditional Order passed by the Learned Trial Court and the consequential Order thereto, the same are disposed off by this Common Order.

2. Heard Mr. Sai Gangadhar Chamarty, learned counsel for the petitioner in both the Revision Petitions and Sri P. Anand Seshu, learned counsel for the respondent.

3. The petitioner is the defendant in O.S.No.1152 of 2019 on the file of the I Additional Junior Civil Judge, Vijayawada, Krishna District. The respondent/plaintiff along with his father filed the said suit for eviction of petitioner/defendant from the suit schedule premises and vacant possession of the same to them and also for future damages at Rs.40,000/- per month from 01.07.2019 till delivery of possession of the premises for use and occupation after terminating the lease and for costs of the suit. In the said suit, the respondent/plaintiff filed an application under Order XV-A of the Code of Civil Procedure (hereinafter referred to as ‘CPC’) for depositing arrears of rent. As the petitioner/tenant failed to deposit the rent as per the Orders of the learned Trial Court, the defence of the petitioner/defendant was struck off and the suit was decreed by Judgment dated 22.04.2021. The respondent/plaintiff filed E.P.No.138 of 2021 seeking eviction of the petitioner/tenant from the suit scheduled premises.

4. While the said Execution Petition was pending, the petitioner filed an appeal A.S.No.51 of 2021 and moved I.A.No.404 of 2021 seeking stay of all further proceedings, pursuant to the Decree and Judgment dated 22.04.2021. As the respondent/plaintiff is pressing the Execution Petition, despite pendency of appeal and stay application, the petitioner filed C.R.P.No.1003 of 2021. Initially, stay of all further proceedings in the Execution Petition was granted by this Court and the respondent/plaintiff filed I.A.No.2 of 2021 to vacate the stay Order. A learned Judge of this Court by an Order dated 17.12.2021 disposed of the said Revision Petition, inter alia providing that the appellate Court shall consider and pass Orders in I.A.No.404 of 2021 on the next date of hearing i.e., 27.12.2021, while taking note of the submission made by the learned counsel for the respondent/plaintiff that the petitioner/defendant sought time to vacate the suit schedule premises in the 1st week of September and did not comply with the direction of the Court with regard to deposit of arrears of rent.

5. Pursuant to the said Orders in the above mentioned C.R.P, the learned Trial Court had taken up the matter for consideration and by an Order dated 27.12.2021 in I.A.No.404 of 2021 granted interim stay of proceedings in E.P.No.138 of 2021 on condition of depositing costs and payment of rents payable from the date of appeal i.e., 28.08.2021 till date at the rate of Rs.22,000/- per month admitted rent in lumpsum and the arrears of future damages awarded by the Trial Court from the date of Judgment i.e., 22.04.2021 till date in lumpsum into the Court on or before 06.01.2022. The learned Trial Court further directed the petitioner/tenant to pay rents payable every month at the rate of Rs.22,000/- per month on or before 10th of every month till the disposal of the appeal, with a default clause that the interim stay granted by the Court shall stand vacated, if the conditions are not complied with. Aggrieved by the said Order, the petitioner filed C.R.P.No.205 of 2022. Further, since the said conditional Order was not complied with and as there was no representation on behalf of the petitioner, the learned Trial Court by an Order dated 06.01.2022 dismissed I.A.No.404 of 2021 and vacated the stay granted on 27.12.2021. Aggrieved by the said Order, Civil Revision Petition No.279 of 2022 was filed.

6. The learned counsel for the petitioner inter alia submits that the Order dated 27.12.2021 is not sustainable as the same suffers from material irregularities. The learned counsel would