Petitioner deposited rent arrears and paid monthly rent as ordered. Court held no issue remains, ordered eviction remedy for default in future, and dismissed the civil revision petition., disposed, Petitioner
Civil revision petition dismissed; respondent at liberty to proceed for eviction in case of future default in rent payment.
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THE HON’BLE SRI JUSTICE RAJA ELANGO CIVIL REVISION PETITION No.4750 of 2011
ORDER:
This Civil Revision Petition is filed challenging the order dated 05.09.2011 passed by the Senior Civil Judge, Bhimavaram in C.M.A.No.1 of 2010, whereby the learned Judge dismissed the appeal confirming the order dated 30.10.2009 passed by the Principal Junior Civil Judge, Bhimavaram, in I.A.No.186 of 2009 in R.C.C.No.7 of 2008.
This Court, on 05.11.2011, while issuing notice before admission, granted interim stay on condition of the petitioner depositing entire arrears, within a period of four weeks from that date.
Today, when the matter is taken up for consideration, it is represented by the learned counsel for the petitioner that pursuant to the order of this Court dated 05.11.2011 the petitioner has already deposited the entire arrears of rent, and also paying the rent @ Rs.2,000/- per month continuously, as ordered by the Rent Controller in the Interlocutory Application and as confirmed by the lower appellate Court in the appeal.
In view of the said submission, nothing survives in this Civil Revision Petition for further adjudication. However, if the petitioner fails to pay the future rents regularly, the respondent is at liberty to proceed against him for eviction, in accordance with law.
The Civil Revision Petition is accordingly dismissed. Consequently, the Miscellaneous Petitions filed in this revision, if any, shall stand closed. There shall be no order as to costs.
______________________ JUSTICE RAJA ELANGO
Dated: 20.04.2012 va
1 issue framed by the court
Whether the civil revision petition survives for adjudication in view of the petitioner's deposit of arrears and continuous payment of rent in compliance with interim stay order.
Petitioner
Respondent
Raja Elango
As recorded by the court registry
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