THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NOs:3034 and 3054 of 2024

COMMON ORDER:

Heard Sri V.Sai Kumar, learned counsel for the petitioner and Sri Avinash Desai, learned counsel for the 2^nd respondent.

2. On 06.12.2024, this Court passed the following order:

“ Heard Sri V.Sai Kumar, learned counsel for the petitioner.

2. The respondent filed OS.No.36 of 2018 against the present petitioner for her eviction from the suit scheduled property, for recovery of damages and for future damages/mesne profits for use and occupation etc., alleging the petitioner to be a tenant. Finally, the suit was decreed on 26.07.2022 by the II Additional Junior Civil Judge, Visakhapatnam.

3. The petitioner filed AS.NO.158 of 2022, which is pending in the Court of II Additional District Judge, Visakhapatnam. The petitioner’s prayer for stay, in the appeal was allowed by an order dated 21.09.2022 in I.A.No.812 of 2022, on the condition of deposit of the suit costs within one month subject to the payment of admitted rents for the period commencing from August, 2016 till the date of decree providing further that the petitioner shall continue to deposit admitted rents as also with further directions.

4. The petitioner filed CRP.No.2108 of 2022 challenging the order dated 21.09.2022, which was dismissed at the admission stage by this Court on

27.10.2022.

5. Learned counsel for the petitioner submits that in the meantime, the time granted by the appellate Court under the interim order for compliance expired and consequently, the petitioner filed IA.No.1130 of 2022, seeking extension of time to deposit, on 02.11.2022. He submits that the said application is still pending in AS.No.158 of 2022. He further submits that due to the non-compliance as aforesaid, the respondent filed EP No.363 of 2023 for execution of decree passed by the Trial Court. In EP the petitioner filed EA.No.145 of 2024, which was dismissed. The Execution Court has issued fresh delivery warrant to deliver the petition scheduled property to the respondent – decree holder, by breaking open the locks.

6. CRP.No.3054 of 2024 has been filed challenging the order passed in the Execution petition.

7. CRP.No.3034 of 2024 has been filed for direction to the appellate Court to expeditiously decide the petitioner’s pending application I.A.No.1130 of 2022 for extension of time.

8. Learned counsel for the petitioner submits that the petitioner is ready to make the deposit of the entire amount due as on today pursuant to the interim order passed in AS.No.158 of 2022 within a period of one week, and shall continue to deposit the monthly rent regularly in terms of the interim order.

9. Considering the aforesaid prayer, the notice is issued to the respondent.

10. In addition to the normal mode of service, the petitioner is permitted to take out personal notice to the respondent by registered post and acknowledgment due and file proof of service in the Registry before the next date of listing.

11. On the condition of the petitioner depositing the entire amount as per the interim order in AS.No.158 of 2022, within a period of one week from today, as also complying with the further monthly regular deposits, the proceeding on the Execution petition No.363 of 2023 shall remain stayed, till the next date of listing.

12. The petitioner shall file an undertaking to the same effect as above before the Execution Court, by 09.12.2024.

13. In case of default, the petitioner would not be entitled for the protection of this order, and the Execution Court shall be at liberty to proceed further.

14. Post on 03.01.2025.”

3. Sri V.Sai Kumar, learned counsel for the petitioner, submits that the petitioner has complied with the interim order as passed by this Court on 06.12.2024 and is also regularly making the payment of the monthly rent.

4. Sri Avinash Desai, learned counsel for the 2^nd respondent through virtual mode, submits that pursuant to the order passed by this Court on 06.12.2024, the petitioner has complied