IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.158 OF 2026 DATE:27-02-2026 Between Mrs. N. Hima Bindu .. Petitioner Vs.

Mr. T. Neelakantam .. Respondent This Court made the following:

ORDER

Heard Ms. Bokaro Sapna Reddy, learned counsel for the petitioner and Mr. N.M.M. Murthy, learned counsel for the respondent.

2. This Civil Revision Petition is filed by the petitioner -

defendant challenging the order dated 13.11.2025 in I.A. No.281 of 2024 in O.S. No.625 of 2024 passed by learned II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class at Kushaiguda.

3. Vide the aforesaid order, learned trial Court allowed I.A.

No.281 of 2024 filed by the respondent - plaintiff under Order - XV-A read with Order - XXXIX, Rules - 1 and 2 of CPC and Section - 151 of CPC, directing the petitioner herein - defendant to deposit arrears of rent @ Rs.20,000/- per month for the period from April, 2022 to April, 2024, amounting to Rs.3,17,000/- into the Court to the credit of the suit within one (01) month from the date of the said order. Learned trial Court further directed the petitioner to continue to deposit future rents at the same rate on or before 10^th of every month commencing from May, 2024 till disposal of the suit. However, it was made clear that such deposit of rents by the defendant would be subject to result of suit and the plaintiff would not be entitled to withdraw the same till disposal of the suit. Learned trial Court also restrained the defendant from sub-letting the suit schedule property to any third parties till disposal of the suit.

4. The respondent - plaintiff herein filed the suit in O.S.

No.625 of 2024 against the petitioner - defendant for eviction, recovery of possession, arrears of rents, mesne profits, damages and perpetual injunction in respect of the suit schedule property i.e., piece and parcel of North East Portion of residential house bearing No.24- 127/1/E on Part of Plot No.10 in Survey No.22, admeasuring 82.05 square yards out of 310 square yards with a super built up area of 500 square feet RCC Roof, situated at Anandbagh with the limits of GHMC, Malkajgiri Circle and Mandal, Medchal - Malkajgiri. In the said suit, he also filed I.A. No.281 of 2024 in O.S. No.625 of 2024under Order XV (A) read with Order - XXXIX, Rules - 1 and 2 and Section 151 of CC, seeking the following relief:

“….pleased to direct the Respondent to deposit the arrears of Rents of Rs.3,17,000/- and continue to deposit monthly rent of Rs.20,000/- upto the date of the disposal of the suit and pass such other order or orders……”

5 . In the affidavit filed in support of the aforesaid I.A., the respondent - plaintiff contended as under:

i) The aforesaid suit was filed for the aforesaid reliefs claiming Rs.3,17,000/- towards arrears of rents and Rs.20,000/- per month from June, 2024 towards use and occupation of suit schedule.

ii) The petitioner - defendant’s husband defaulted in payment of rents from April, 2022 to April, 2024 amounting to Rs.3,17,000/-, as such, notice dated 25.04.2024 was issued to him, for terminating the oral tenancy with effect from 31.05.2024. The same was received by the husband of the petitioner - defendant, but failed to honour the said notice.

iii) The husband of the petitioner herein died on 04.05.2024.

Thereafter, the respondent got issued a rejoinder on 29.05.2024 to the petitioner herein reiterating the averments of notice issued earlier claiming to pay the arrears of rents, vacate and hand over the suit schedule property. The petitioner herein gave reply on 03.06.2024 admitting set off rents from the hand loan executed by her husband, but claimed Rs.10.00 lakhs against the hand loan of Rs.4,62,000/- without any proof and coupled with it relying on sham agreement of sale.

6. However, in the affidavit filed in support of the aforesaid I.A. No.281 of 2024, the respondent - plaintiff made the following prayer/relief:

“….to grant ad-i