B. Amarender Reddy vs. Dr. V.Madhu Babu

HON'BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5568 of 2008 Date: 09-09-2010

Between:

B. Amarender Reddy and another

and

Dr. V. Madhu Babu

…… Petitioners

…. Respondent

HON'BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5568 of 2008

ORDER:

The petitioners, who are the plaintiffs before the Court below, filed this Revision Petition, under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order, dated 27-11- 2008 in I.A.No.1271 of 2008 in O.S.No.11 of 2007 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad.

On the earlier occasion there is an order in C.R.P.No.523 of 2008 directing the respondent-defendant to pay the rents every month till the disposal of the suit and also to deposit the arrears of rent and inspite of such orders, the respondent-defendant has not paid the entire amount to the petitioners and therefore, they filed the said Application under Order 15-A of C.P.C. seeking direction to the respondent-defendant to pay the arrears of rent of Rs.1,50,000/-.

No doubt the Court below dismissed the Application, by going into merits, which, on the face of it, is not correct. Since there is already an order in C.R.P.No.523 of 2008 to pay the rents every month till the disposal of the suit and also to deposit the arrears of rent, if that amount is not deposited, it is always open to the petitioners to take steps for execution of the said order and recover the amount. Even if any clarification is required, it is always open to the petitioners to seek clarification in that Revision Petition rather than filing a fresh Application in the like nature and revision thereof. Hence, I do not find any merits in this Revision Petition and it is liable to be dismissed.

Accordingly, the Civil Revision Petition is dismissed with a liberty to the petitioners to avail the remedies available under law. No order as to costs.

_______________ B. PRAKASH RAO, J

Date: 09-09-2010 YCR