Allowed

M/s Brindavan Agency v. Sardarmal Pawar

Telangana HC26 Sept 2014CRP/3239/2014

Case brief

AI extract

What is this about?

The High Court in a revision under Order XLI Rules 3 and 14 CPC set aside the order vacating the interim stay of execution of a decree. The Court directed the stay to remain in force if arrears are deposited within four weeks, subject to a condition not to commit default in rent payment.

What did the court decide?

C.R.P set aside; stay of execution in witness's appeal restored contingent upon deposit of arrears within four weeks and continued payment punctually.

M/s Brindavan Agency Vs Sardarmal Pawar — Service and Employment | Telangana HC (2014)

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THE HON’BLE MR JUSTICE L. NARASIMHA REDDY

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C.R.P. No.3239 of 2014

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ORDER:

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The respondents filed O.S.No.1382 of 2006 against the petitioner in the Court of VII Senior Civil Judge, City Civil Court, Hyderabad for eviction from the suit schedule premises. The suit was decreed by the trial Court. Aggrieved by that, the petitioner filed A.S.No.300 of 2011 in the Court of XXIV Additional Chief Judge, City Civil Court, Hyderabad. It has also filed I.A.No.2535 of 2011 under Order XLI Rule 5 C.P.C., for stay of the execution of the decree. The lower Appellate Court passed an order of stay

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on condition that the petitioner shall deposit rent at the rate of Rs.5,000/- per month. Alleging that the petitioner committed default in payment of rent, the respondents filed I.A.No.157 of 2014 with a prayer to vacate the interim order. The trial Court allowed the I.A.No.157 of 2014 through order dated 02-07-2014 and vacated the order of interim stay. Hence, this revision.

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Heard the learned counsel for the petitioner and learned counsel for the respondents.

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The petitioner does not dispute that it committed default, by disobeying the order of interim stay. Once that is so, the lower Appellate Court was left with no alternative, except to vacate the interim order. Strictly speaking, the C.R.P deserves to be dismissed. However, the petitioner is granted an opportunity to clear the arrears, in case it intends to stay in the premises, during the pendency of the appeal.

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Hence, the C.R.P is disposed of, setting aside the order under revision, and directing that the order of stay granted by the lower Appellate Court in I.A.No.2535 of 2011 in A.S.No.300 of 2011 shall remain in force, in case the arrears of rent, if any, are deposited within four weeks from today, and continues to pay the rent. It is also directed that in case the petitioner commits default in payment of arrears or rent for two consecutive months, during the pendency of the appeal, the stay shall stand vacated. The lower Appellate Court shall endeavour to dispose of the appeal as early as possible.

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There shall be no order as to costs.

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_______________________ L. NARASIMHA REDDY, J.

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Dt.26-09-2014.

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M/s Brindavan Agency v. Sardarmal Pawar

Case brief

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M/s Brindavan Agency v. Sardarmal Pawar

Case brief

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