Revision petition by Peace Educational Society against dismissal of application for extension of time to deposit rent arrears, deemed not bona fide due to late filing.
Civil Revision Petition dismissed with no costs.
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THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED
C.R.P.No.3143 of 2011
ORDER
The respondents herein filed O.S.No.679 of 2009 in the Court of II Additional Chief Judge, City Civil Court, Hyderabad, against the petitioner-Peace Educational Society for eviction and recovery of arrears of rent and damages/mesne profits. In the said suit, in I.A.No.3379 of 2010 filed by the respondents, the Court below by order dated 11.03.2011, directed the Society to deposit rent at Rs.50,000/-per month from July, 2009 till March, 2011 within 15 days from the date of the order and to continue to deposit the rent every month from April, 2011 onwards on or before expiry of 12th of every calendar month. Seeking extension of time for depositing the arrears of rent, the Society filed I.A.No.1501 of 2011 under Sections 148 and 151 of CPC. By order dated 11.07.2011, the Court below dismissed the said petition. Hence, the Society filed the present revision.
2. Heard both sides.
3. The material on record shows that the petitioner Society has neither deposited the amount nor filed the application for extension of time before the expiration of 15 days period as directed in I.A.No.3379 of 2010, but filed the impugned application seeking extension of time for deposit of rents, after expiry of the prescribed period giving a reason of sickness of Secretary of the Society, which is not bonafide. Hence, I find no reason to interfere
with the order impugned.
Accordingly, the Civil Revision Petition is dismissed. No
costs.
_____________________ GHULAM MOHAMMED, J
Date:03.12.2011 sj
1 issue framed by the court
Whether the Civil Revision Petition seeking extension of time for deposit of rent should be allowed?
Peace Educational Society
Respondents
Ghulam Mohammed
As recorded by the court registry
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