The High Court dismissed the civil revision petition at the admission stage. The petitioner challenged the dismissal of an interim application under Order 15(A) CPC seeking remittance of lease dues, deeming no interference warranted as merits awaited.
No relief. The revision petition amounted to dismissed without any substantive grant.
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THE HON’BLE SRI JUSTICE GHULAM MOHAMMED
CRP NO.4540 OF 2011
ORDER:
This civil revision petition is filed against the order dated 16-6-2011 passed in IA No.1564 of 2010 in OS No.135 of 2010 by the I Senior Civil Judge, City Civil Court, Hyderabad.
2. Heard the learned counsel for the revision petitioner-plaintiff in the suit. Perused the impugned order passed by the Court below.
3. The petitioner plaintiff filed the IA under Order 15(A) CPC seeking direction to the respondent to remit an amount of Rs.6,84,000/- without prejudice to the rights and contentions of the petitioner and continue to pay an amount of Rs.1,500/- per day from 01-12-2010 as per the terms and conditions of lease deed, till vacating the premises in question.
4 . The Court below having noticed that the relief sought in the interlocutory application will have to await the decision on merits in the suit, dismissed the IA, which in the facts and circumstances of the case does not warrant any interference by this Court. In the circumstances, civil revision petition fails and it is accordingly dismissed at the admission stage itself. However, the Court below shall endeavour to dispose of the suit expeditiously, in accordance with law.
Dated: 21-10-2011 Nrg.
Ghulam Mohammed, J
1 issue framed by the court
Whether the High Court should interfere in the dismissal of the interim application by the Court below at the admission stage.
1 provisions across 1 enactments
Revisions Petitioner-Plaintiff
Respondent
Ghulam Mohammed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
