ORDER:

This Civil Revision Petition is filed against the Order dated

06.12.2022 in I.A.No.131 of 2022 in O.S.No.547 of 2021, passed by the learned IV-Senior Civil Judge, City Civil Courts, Hyderabad.

2. Petitioner herein had filed an application in I.A.No.131 of 2022 in O.S.No.547 of 2021, before the trial Court against the respondents, seeking to direct the respondents to deposit rents of Rs.1,25,000/- per month from June, 2021 till today to the credit of the suit vide O.S.No.547 of 2021 and continue to deposit the same till the disposal of the suit. The trial Court after considering the arguments of both sides, dismissed the application. Aggrieved by the said order, petitioner/plaintiff preferred the present Civil Revision Petition.

3. The learned Counsel for the petitioner mainly contended that petitioner in his affidavit mentioned the details of amount, name of the tenants, nature of business undertaken by them and the rents paid by them, but the trial Court has not considered the same. If the suit for partition is decreed, it is impossible to recover the said amount and irreparable loss would be caused to him. He also contended that the trial Court failed to appreciate the relationship between the parties. Admittedly, petitioner and respondents are brother and sisters i.e., children of the original owner and thus entitled for equal share on the basis of the admitted facts. Therefore, requested the Court to set aside the Order of the trial Court.

4. Initially, petitioner herein had filed a suit vide O.S.No.547 of 2021, against the respondents for partition and separate possession and also to declare the registered partition deed dated 24.06.2021 vide document No.3726 of 2021, as null and void and not binding on him. During the pendency of the said suit, petitioner filed an application to direct the respondents to pay rents at the rate of Rs.1,25,000/- per month from June, 2021 to till date to the credit of the suit. He stated that respondents No.1 and 2 are his sisters and there is no dispute regarding the relationship between the parties. He stated that there are three commercial shops in occupation of tenants namely i) Shailender Jain, who is running a Diamond Jewelry shop and paying rent @ Rs.30,000/- per month ii) Mahender Mali, who is running Stationery and Gifts shop and paying rent @ Rs.25,000/- per month iii) Mirza Imtiyaz Ulla Baig, who is running Mobile business and paying rent @ Rs.15,000/- per month. Subsequent to filing of the suit, respondents have let out fourth shop to one Shiva, who is running Tea stall and paying rent @ Rs.25,000/- per month. The two residential portions have been let out to one Naveen Bafna, who is using the said residential portion as godown for Chandraprakash Electricals and paying rent @ Rs.15,000/- per month and the other one to one Raju, who is also using residential portion as godown for Cashew nuts in the name of Raja Trading and paying rent @ Rs.15,000/- per month in the suit schedule-A property and respondents are collecting the rents as stated above totaling to Rs.1,25,000/- per month after the demise of his parents i.e., from June, 2021 and he is entitled to 1/3rd share in the above said rents.

5. He further stated that his father expired on 10.05.2021 and his mother also passed away on 14.05.2021. After the death of his parents, respondents are withdrawing the amounts and transferring in their names illegally without partition or giving any share, as such he filed a suit vide O.S.No.806 of 2021. He resided at United States of America for some period. At that time, respondents got executed the partition deed dated 24.06.2021 vide document No.3726 of 2021, in their favour without mentioning his name, as such it has no legal effect. So also, they got executed un-registered gift deed in their names by influencing their mother. As he has given the details of tenants, nature of business undertaken by them and the amounts depositing by them, he requested the Court to deposit the said a