This civil revision petition challenged an interlocutory order staying execution of a decree. The apex court dismissed the plea, finding no jurisdictional error in the lower court's decision to insist on security and rent deposits to protect respondent interests.
Civil Revision Petition dismissed with costs of Rs. 2,000/- to be paid by the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
CRP.No.2710 of 2017
O R D E R:
This Revision is filed challenging the order dt.01.06.2017 in I.A.No.708 of 2017 in A.S.No.128 of 2017 of the IX Additional Chief Judge, City Civil Court, Hyderabad.
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from March, 2009 till date. He also contended that condition imposed by the Court below to give security is proper because the trial Court had fixed quantum of rent @ Rs.25,000/- per month and if ultimately the respondent succeeds in the appeal and when there is no security for the respondent, the petitioner can simply walk out without paying anything.
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____________________________ M.S. RAMACHANDRA RAO, J
10th April, 2019.
gra
2 issues framed by the court
Whether the order by the Court below granting stay of execution with conditions warrants interference under Article 227 of the Constitution.
Whether the Security of Rs. 2,00,000/- and deposit of rent @ Rs. 5,000/- per month imposed as conditions were erroneous.
Petitioner
Respondents 1 and 2
M.S. Ramachandra Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
