THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CIVIL REVISION PETITION NOs.1263, 1173 AND 1190 OF 2025 Mr. Chavali Ramanand, learned counsel appearing for the petitioner.

Mr. P. Sri Raghu Ram, learned Senior Counsel representing Mr. D Madhava Rao, learned counsel appearing for the respondents.

COMMON ORDER: (Per Hon’ble Justice Moushumi Bhattacharya

1. The 3 Civil Revision Petitions (C.R.Ps.) arise out of a Commercial Original Suit (C.O.S.) filed by the respondents/plaintiffs for a decree of eviction against the petitioner.

2. There were several I.As. filed by the respondents as well as the petitioner for various reliefs, including for recall of an order dated 02.12.2024, permitting the respondents to withdraw amounts deposited by the petitioner in Court, and for striking off the petitioner’s defense on the petitioner’s continuing non-payment of the admitted dues.

3. The respondents are the landowners of the Suit schedule property, which is situated at Gundlapochampally Village, Medchal-Malkajgiri District, Telangana.

4. The Suit schedule property was let-out by the respondents to the petitioner/defendant by way of a registered Lease Deed dated 12.01.2015 for a period of five years, from

01.01.2015 - 31.12.2019, with a fixed monthly rent, which was to be enhanced at the agreed rate over the years. Disputes arose between the parties with regard to the rent payable by the petitioner as well as the default committed by the petitioner of the rents payable to the respondents. The respondents hence filed C.O.S.No.36 of 2022.

5. The material placed before this Court contains several orders including an order passed by a Co-ordinate Bench of this High Court presided over by the then Hon’ble The Chief Justice on 15.07.2024 directing the petitioner to deposit arrears of rent as directed by the Trial Court. The other relevant order is of the Trial Court dated 14.02.2025, by which the respondents/plaintiffs were permitted to withdraw the amounts deposited by the petitioner/defendant i.e., arrears of rent deposited by the defendant to the Credit of the above Suit as per an earlier order passed by the Commercial Court dated 27.04.2024.

6. Learned counsel for the petitioner and learned Senior Counsel for the respondents submit that the C.R.Ps. may be disposed of with a direction on the petitioner to deposit Rs.3,68,90,946/- as future rent from the date of filing of the petition, which was calculated by the Commercial Court in its order dated 02.12.2024. It is also submitted that the respondents shall be permitted to withdraw this amount, and the petitioner will continue to contest the Suit filed by the respondents in the Commercial Court.

7. Learned counsel for the petitioner is willing to deposit the amount of Rs.3,68,90,946/- but objects to the respondents withdrawing this amount on the ground of the quantum of rents being disputed by the petitioner.

8. We are unable to accept the said objection in view of Order XV-A of Rule 3 of The Code of Civil Procedure (High Court amendment for the State of Andhra Pradesh)-“ Striking off defence in a Suit by a lessor” which stipulates that the amount deposited under the said Rule shall be payable to the plaintiff lessor or licensor or to his Advocate and that the receipt of such amount shall not have the effect of prejudicing the claim of the plaintiff and shall also not be treated as a waiver of notice of termination.

9. The Commercial Court in fact took the effect of this provision in the order dated 14.02.2025 and allowed the respondents/plaintiffs to withdraw the amounts deposited by the petitioner/defendant.

10. We thus see no impediment in permitting the respondents/plaintiffs to withdraw the amount of Rs.3,68,90,946/-, which is to be deposited by the petitioner within

5 weeks from date. The respondents shall be permitted to withdraw this amount as soon as it is deposited by the petitioner.

11. The parties shall continue to contest C.O.S.No.36 of 2022, and the Trial Co