HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER

This Civil Revision Petition is filed assailing the order dated

10.01.2025 in I.A.No.1527 of 2024 in A.S.No.302 of 2024, passed by the IX Additional Chief Judge, City Civil Court, Hyderabad.

2. Heard Sri Akkam Eshwar, learned counsel for the petitioner and Sri Ahmed Khan, learned counsel for respondent.

3. The succinct facts of the case are that the petitioners preferred appeal-AS.No.302 of 2024 against the common judgment dated 29.08.2024 passed in respect of OS.No.2054 of 2023, whereby and whereunder the V Junior Civil Judge, City Civil Court, Hyderabad, decreed the said suit filed by the respondent/landlady and directed the petitioners/tenants to vacate the suit schedule property within a period of two months from the date of the said order and further, directed the petitioners to pay arrears of rent of Rs.5,50,000/- within one month from the date of the said order. Along with the appeal, the petitioners filed an application vide IA.No.1527 of 2024 under Order XLI Rule 5(1) CPC seeking suspension of operation of judgment and decree passed in OS.No.2054 of 2023, however, the first Appellate Court vide impugned order dated 10.01.2025 granted stay of execution of said judgment and decree, subject to the petitioners depositing entire arrears of rent of Rs.5,50,000/- as directed by the trial Court within one month, failing which, the application shall stand dismissed. Challenging the said order, the present Revision is filed. 4. Learned counsel for the petitioners submitted that the trial Court has erroneously came to conclusion that the monthly rent of the suit schedule property is Rs.55,000/- and in fact, it is the specific case of the petitioners that monthly rent of the suit schedule property is Rs.13,000/- only and this aspect was not properly construed by the trial Court as well as the First Appellate Court and therefore, the impugned order passed by the First Appellate Court is unsustainable. He further submitted that the petitioners are ready to pay reasonable rent, but, not Rs.55,000/- per month, as directed by the trial Court as well as the first Appellate Court and therefore, seeks modification of the impugned order.

5. Learned counsel for the respondent submitted that during the pendency of the suits before the trial Court, the respondent filed an application vide IA.No.596 of 2023 under Section 15-A CPC for payment of arrears of rent and the same was allowed vide order dated 23.08.2023, whereby and whereunder the trial Court directed the petitioners to pay rent @ Rs.55,000/- per month and subsequently, as the petitioners have not complied with the said order, their defence was struck off vide order dated 05.03.2024 in IA.No.2009 of 2023; that aggrieved by the said order, the petitioners filed CRP.No.3898 of 2023 and the said Revision was dismissed by this Court vide order dated 12.01.2024 and the said order has become final and therefore, the first Appellate Court has rightly disposed of the application vide the impugned order directing the petitioners to deposit arrears of rent and also continue to pay the rent @ Rs.55,000/- per month. By contending thus, learned counsel submitted that the Revision is devoid of merit, as the petitioners failed to point out any illegality or irregularity in the impugned order passed by the First Appellate Court and prayed to dismiss the Revision.

6. Perusal of the impugned order discloses that the First Appellate Court has taken into consideration the orders passed by the trial Court on the application filed by the respondent under Section 15-A CPC and also the order dated 12.01.2024 passed by this Court in CRP.No.3898 of 2023, wherein this Court has declined to interfere with the order of the trial Court directing the petitioners to deposit the rent @ Rs.55,000/- per month. The first Appellate Court also observed that the respondent is a senior citizen and he is fighting for huge arrears of rent and considering the facts and circumsta