THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

CIVIL REVISION PETITION No.6936 of 2017

ORDER:

This revision petition is filed under Article 227 of the

Constitution of India being aggrieved by the order, dated 20.10.2017 passed in I.A No.533 of 2017 in I.A No.399 of 2017 in O.S.No.1852 of 2012 on the file of XVII Additional Senior Civil

Judge, City Civil Court, Hyderabad.

2. Brief facts of the case are that the plaintiffs therein, who are the petitioners herein, have filed a suit vide O.S.No.1852 of 2012 for eviction and mesne profits and the same was decreed. Subsequently, the petitioners filed I.A.No. 399 of 2017 seeking grant of mesne profits at the rate of Rs. 60,000/- per month from 31.05.2012 until delivery of possession. Defendant No.1 preferred an appeal before the learned IX Additional Chief Judge, City Civil Court, Hyderabad, vide A.S. No. 167 of 2017. of the judgment and decree dated 13.03.2017 passed in O.S. No. 1852 of 2012, vide docket order, dated 03.08.2017. In view of respondents-defendants filed I.A. No. 533 of 2017 seeking stay

of ascertainment of mesne profits and further proceedings in I.A. No.399 of 2017. The learned Judge, considering the stay granted by the appellate Court, granted stay of all further proceedings in I.A. No. 533 of 2017. Being aggrieved by the order passed in I.A. No. 533 of 2017, the petitioners filed the present revision petition.

3. During the course of hearing of the revision petition at the admission stage, learned counsel for the petitioners, Mr. R.Upendra Mahendar, and learned counsel for the respondents, Mr. G. Rama Krishna, submitted that the stay granted by the XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, in I.A. No. 399 of 2017 (application for ascertaining mesne profits) was granted for a limited period, i.e., until the disposal of the main appeal.

4. It is brought to the notice of this Court that the main appeal, namely A.S. No.167 of 2017, was disposed of on contest Civil Court, Hyderabad, on 09.07.2019. As the stay was granted only until disposal of the said appeal and as such, in view of the dismissal of the appeal, the stay granted by the learned XVII Additional Senior Civil Judge in I.A. No. 533 of 2017 also lost its life along with dismissal of the appeal. Therefore, nothing survives in the present Civil Revision Petition and has become infructuous.

5. Accordingly, this Civil Revision Petition is dismissed as Infructuous. Learned VII Additional Senior Civil Judge, is granting liberty to proceed further for ascertainment of mesne profits as per law for disposal of the I.A. There shall be no order as to costs.

Miscellaneous petitions, if any are pending, shall stand dismissed.

________________________________________ JUSTICE NARSING RAO NANDIKONDA

22.09.2025 ssm