HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY C.R.P.No.17 of 2025

ORDER:

This Civil Revision Petition is filed assailing the order dated 07.11.2024 in I.A.Sr.No.24903 of 2024 in O.S.No.363 of 2023 on the file of the learned Chief Judge, City Civil Court, Hyderabad (for short, “the trial Court”) wherein and whereunder the application filed by the petitioner seeking modification of the order dated 22.02.2024 in I.A.No.1434 of 2023 before the trial Court is dismissed.

2. Heard Mr. Deepak Mishra, learned counsel for the petitioner and Mr. Ashish Samat, learned counsel for respondents.

3. Learned counsel for the petitioner submits that respondents herein filed a suit for eviction vide O.S.No.363 of 2023 for recovery of arrears of rent of Rs.26,52,474/- and Rs.5,00,000/- as mesne profits. Respondents filed application under Order XV-A of C.P.C. seeking a direction to the petitioner to deposit Arrears of rent of Rs.26,52,474/- and continue to deposit Rs.2,06,985/- every month on or before 5^th date of calendar month vide I.A.No.1434 of 2023. The petitioner filed counter affidavit resisting the said application. The trial Court, upon considering the pleadings of both the parties, allowed the application directing the petitioner to deposit sum of Rs.26,52,474/- towards arrears from June, 2022 to August, 2023 and further directed to deposit rent from September, 2023 till January, 2024 per month which comes to Rs.10,34,925/- within a period of fifteen (15) days from the date of the order; to deposit Rs.2,06,989/- per month from February, 2024 onwards on or before 5^th of March, 2024. Aggrieved by the said order, the petitioner filed C.R.P.No.2062 of 2024.

4. This Court vide Order dated 20.09.2024 disposed of C.R.P.No.2062 of 2024 with the following directions:-

“3. In view of the consensus arrived at, the petitioner is given liberty to file the aforesaid application on the strength of letter dated 30.08.2021 seeking modification of impugned order dated 22.02.2024. In that event, the other side i.e., landlord may file their counter and the trial Court shall decide the said application in accordance with law.

4. However, it is made clear that petitioner shall have the right to press above application seeking modification, only when he deposits 50% of the arrears of rent within 15 days from today and remaining 50% within 15 days therefrom, as agreed by him. The petitioner shall further continue to deposit monthly rent on or before 5^th day of every succeeding month and the landlord shall be entitled to withdraw arrears and monthly rent from the trial Court.

5. The Civil Revision Petition is disposed of by directing the parties to act in accordance with their stand taken hereinabove. If the petitioner fulfills the aforesaid requirements, the trial Court may consider whether his right to file written statement can be restored. If the aforesaid application for modification is filed, the Trial Court shall make endeavour to decide the same within 15 days from the date of filing counter by the other side. There shall be no order as to costs. Miscellaneous applications, pending, if any, shall stand closed”.

5. Learned counsel for the petitioner submits that this Court vide order dated 20.09.2024 in C.R.P.No.2062 of 2024 and vide letter dated 30.08.2021 was pleased to direct the petitioner to file an application seeking modification of order dated 22.02.2024 in I.A.No.1434 of 2023 seeking reduction of monthly rent as mentioned in the said letter. He would further submit that by the letter dated 30.08.2021, respondents have agreed that the monthly rent shall be Rs.1,63,545/- per entire duration of tenancy without any enhancement. He submits that the petitioner filed an application seeking modification of the order dated 22.02.2024 in I.A.No.1434 of 2023 vide I.A.SR.No.24903 of 2024. However, the name was returned by the trial Court on untenable grounds and on erroneous observations. He further states that as per the order dated 20.09.2024 passed by this Court