IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.4393 OF 2025 DATE: 06-02-2026 Between Mr. M. Sai Krishna .. Petitioner Vs.

Mr. P. Mallesham .. Respondent This Court made the following:

ORAL ORDER

Heard Mr. Veera Babu Gandu, learned counsel for the petitioner and Mr. M. Karthik, learned counsel representing Mr. D.

Madhava Rao, learned counsel for the respondent.

2. The present revision is filed under Article - 227 of the Constitution of India, challenging the order dated 15.04.2025 in I.A. No.1403 of 2021 in O.S. No.378 of 2020 passed by learned II Additional Junior Civil Judge-cum-IX Additional Judicial Magistrate of First Class at Medchal.

3. The petitioner herein - plaintiff - tenant has filed the suit in O.S. No.378 of 2020 against the respondent herein - defendant -

owner of the suit schedule property, seeking perpetual injunction. In the said suit, the respondent herein has filed an Interlocutory Application vide I.A. No.1403 of 2021 under Order - 15A of C.P.C. seeking a direction to the petitioner herein to deposit the arrears of amount to a tune of Rs.4,77,000/- along with future monthly rents of Rs.9,000/- till the final disposal of the suit.

4. Vide order dated 15.04.2025, learned trial Court allowed the said application directing the petitioner herein - plaintiff to deposit the rental arrears @ Rs.9,000/- per month from 01.06.2019 till the date of the said order, to the credit of the suit or directly to the respondent herein within two (02) months from the date of the said order. The learned trial Court also directed the petitioner herein to deposit the admitted rent of Rs.9,000/- every month to the credit of the suit or directly to the respondent by 10^th of every succeeding month without fail till disposal of the suit. The payments if any made in due course of enquiry should be excluded from the arrears amount.

5. During the course of hearing, it is brought to the notice of this Court that the respondent has filed counter claim in the said suit for eviction and recovery of arrears. Learned counsel for the respondent by producing e-Courts status of the suit would submit that the petitioner herein failed to appear before the trial Court on seven (07) occasions. Considering the same only, learned trial Court dismissed the suit on 16.12.2025 for default.

6. Whereas, according to learned counsel, the petitioner herein has filed an interlocutory application vide IASR No.28 of 2026 on 18.01.2026, seeking restoration of the said suit. Learned trial Court is not entertaining the said application.

7. In the light of the aforesaid discussion, this revision is disposed of directing II Additional Junior Civil Judge-cum-IX Additional Judicial Magistrate of First Class at Medchal, to number the aforesaid IASR No.28 of 2026 filed by the plaintiff seeking restoration of the aforesaid suit which was dismissed for default on 16.12.2025, if the same is otherwise in order, and dispose of the same strictly in accordance with law, as expeditiously as possible. Liberty is granted to the petitioner to take all pleas and grounds before the trial Court in the aforesaid suit and IA. Subject to the result of the said IASR, liberty is granted to the petitioner herein to file fresh revision challenging the impugned order dated 15.04.2025 in I.A. No.1403 of

2021. In the circumstances of the cases, there shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the revision shall stand closed.

_________________ K. LAKSHMAN, J

6^th February, 2026 Mgr