HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

COMMON ORDER:

The C.R.P.No.1848 of 2023 is filed assailing the order dated

20.03.2023 in I.A.No.582 of 2023 in O.S.No.117 of 2019 passed by the Principal District Judge, Ranga Reddy District at L.B.Nagar.

The C.R.P.No.1863 of 2023 is filed assailing the order dated

20.03.2023 in I.A.No.169 of 2023 in O.S.No.117 of 2019 passed by the Principal District Judge, Ranga Reddy District at L.B.Nagar,.

2. Heard Sri A.R. Avula, learned Senior Counsel representing Sri Hari Das Sharma, learned counsel for the petitioner and Sri E. Madan Mohan Rao, learned Senior Counsel, representing Sri R. Pavan Reddy, learned counsel for the respondent No.1.

3. Since both Civil Revision Petitions are inter linked, they are heard together and are disposed by way of common order.

4. The petitioner herein is the defendant No.2, respondent No.1 is plaintiff and respondent No.2 is defendant No.1, before the trial Court. For convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.

5. Brief facts of the case are that the respondent No.1 filed O.S. No. 117 of 2019 on the file of the District Judge, Ranga Reddy District at L.B. Nagar against defendant No.1, for eviction and for damages of Rs.50,40,000/-. Defendant No.2 entered appearance and filed written statement, issues were framed and the suit was posted for trial.

6. While the matter was pending for adjudication, plaintiff filed I.A.No.399 of 2020 seeking direction to the defendant No.2, to pay admitted rents due from October, 2017 at the rate of Rs.2,40,000/- per month, till disposal of the suit and the trial Court vide order dated 02.09.2021 dismissed I.A.No.399 of 2020. Aggrieved by the same, plaintiff preferred C.R.P.No.17 of 2022 before the learned Single Judge of this Court, and the same was allowed vide order dated 10.10.2022, directing the defendant No.2, to pay the rents at the rate of Rs.2,40,000/- per month on or before 10th of every month and also pay the arrears of rent within three(03) months from the date of the order, failing which the defense of the petitioner can be struck off.

7. Aggrieved by the order dated 10.10.2022, defendant No.2 preferred S.L.P.(C) No.41493 of 2022, before the Apex Court and the Apex Court vide interim order dated 27.01.2023, directed defendant No.2 to pay a sum of Rs.2,40,000/- per month before the trial Court and shall continue to deposit every month until further orders.

8. In the meanwhile, plaintiff filed I.A.No.169 of 2023, seeking direction to strike off the defense of the defendant No.2 under order XV A rule 1 and 2 of CPC, in view of non compliance of the order dated

10.10.2022 in C.R.P.No.17 of 2022, and the trial court vide order dated 20.03.2023 allowed I.A.No.169 of 2023. Aggrieved by the same, defendant No.2, preferred C.R.P.No.1863 of 2024.

9. The suit came up for evidence of plaintiff on 10.02.2023 and PW.1 was examined and exhibits were marked and an Advocate Commissioner was appointed for Cross-examination and matter was posted on 21.02.2023 for cross-examination of PW.1. However, Advocate Commissioner filed report without executing warrant, since defendant No.2 failed to cross-examine PW.1 and the trial court vide order dated 24.02.2023 posted the matter for further evidence on 03.03.2023. Later, petitioner filed I.ANo.582 of 2023, to recall PW.1 and the trial court dismissed the same as infructuous in view of the orders passed in I.A.No.169 of 2023. Aggrieved by the same, the C.R.P.No.1848 of 2023 is filed.

10. Learned counsel for the petitioner would submit that S.L.P.No.2668 of 2023 filed by the defendant No.2 was disposed of vide order dated 19.02.2025, directing the trial Court to dispose of the suit within three(03) months from today or at any rate on or before 31.05.2025 and further observed that the trial Court at the time of disposal shall bear in mind the amount deposited by the defendant No.2 and pass orders regarding further deposit of arrears of rent, if any and