CRP/4733/2025 of T.Shiv Kumar Vs B.Vijaya on 20 February 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY,THE TWENTIETH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE P.SAM KOSHY

CIVIL REVISION PETITION NO: 4733 OF 2025

Petition under Article 227 of the Constitution of lndia, aggrieved by the Orders and decreetal order dated 22-10-2025 passed in l.A.No. 23412024 in O.S No. 11'15/2024 on the file of the court of the XX Junior Civil Judge, City Civil Courts, Hyderabad.

lA NO: I OF 2025

Petition under Secticn 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant STAY of all further proceedings in 0.S.No. 111512024 on the file of XX

Junior Civil Judge, City Civil Courts, Hyderabad, pending disposal of above Civil Revision Petition before this Honourable court.

Between:

T.Shiv Kumar, S/o T,Pandu Aged 39 years, Occ Business, Prop of Vinayaka Traders, Wholesale Gunny Merchanl, 15-2-184, 15-2-1841111, 15-2-1A412, Maharaj Gunj' HYderaba

..PETrroNER

AND

1. B.Vrjaya, Wo B.Balaiah Aged 74 years, occ House Wife Rep by her GPA

Holdei B.Balaiah S/o r/eereshalingam, Aged 80 years, Occ Retired Employee and Self Professional R/o 16-11-1/5/8/C, Saleemnagar Colony, Malakpet, Hyderabad-36. Cell 9848053721

2. Pritesh Lodaya, S/o Laher Chad Lodaya Aged about 45 years, occ Busiess, R/o H.No. 34-19 and 19-1, Flat No.201, Block-B, SR Dr- Bomanna Enclave, Barkatpura, Himayathnagar, Kachiguda, Hyderabad.

3. Poonam Lodaya, Wo Pritesh Lodaya Aged about 42 yearc, occ House Wife, R/o H.No. 3-4-19 and 19-'1, Flat No.201, Block-B, SR Dr. Bomanna Enclave, Barkatpura,Himayathnagar,Kachiguda,Hyderabad

...RESpONDENTS

Counsel for the Petitioner : SRl. B SHESHU KUMAR

Counsel for the Respondent No.1 :

-

Counsel for the Respondent Nos.2 & 3 : SRl. R.A.ACHUTH a \AND

The Court made the following: ORDER

IN TI{B HIGH COURT FOR TITE STATB OF TEI,ANGANA AT

HYDERABAT)

TtIE HONOURABLE SRI JUSTICE P.SAM KOSHY

Civil Revision Petition No.4733 of 2025

Date:20.02.2026

Between:

T.Shiva Kumar

"'Petitioner

ANI)

B.Vijaya & others.

"'Respondents

OR-DER: @er Hon bte Sri Justica P Sanr Kosltt t The present is the Civil Revision Petition '"vhich has been filed assailing thc order tlated 22.10'2025 passed in I'A'No'234 of 2024in O.S.No.1l15 of 2024.

2 Vide the impugnecl ordcr', the trial Coult has allowed the Order l5,{, Rule I and 2 petition frled by tlre plaintiff Landlord against the petitioner'. 'fhe suit rs onc seeking eviction and also recovery of affears ol- re nt along rvith clamagcs and I uture rcnt' The Courtlrasattowedthel5Apetitiolldircctingthepetitionerto deposit arrears of rent of Rs. 1,95,000/- within 60 days and also directed the petitioner to pay future rcnt of I{s'15'000/- per month

to the petitioncrs to be paid on or before l0tr' of e,., ry succecding month

3. [.earned counsel for the petitioner sut nits thar the irnpugned ordcr is erroneous for the reason that tht:r c r,vas an oral agreement betrveen the parties and as per plaint itst ll, the agreed rent was Rs.7,5001 which is agreed to be paid fron he vcar 2000

and since tl.ren petitioner was paying rent regularll, rs suclr there was no default and finding of the trial Court was error 3ous

4. Howcver, on the perusal of the lecord and a l :r taking into corrsideration the subrnissions of learncd counsel, it vas intbrmed that there is no documentary proof available for thc petitioncr. to cstablish the lact that the petitioner has paid the nt,r rthlv rent as agrced upon. In the absence of any cogent and tangi I c rccords to cstablish paylrent ofrcnt, the order passed by the trial Court so thr as paylnent ol' arrears ol rent does not wan.ant ntcrf'ercncc However, this Court only relaxes the time gmnted ry rhe trial Court whiclr was (r0 days as on 22.10.2025 which till latc has not becn complied. Today, since this Courl is clisposing rl tlre Civil Revision Petition, let the arrears of rent be turthcr deposited by the petitioner within a period ol 45 days and if the pctitioner fails to deposit rvithin 45 days, the ordel passed by this CoLrrt in this instant Civil Revision Petition would lose its efficacy so lar as future rent is concerned.

5. Since, there is dispute raised on agreed rent to be paicl of Rs.7,500/-, though this Court is not interf-ering rvith thc order ol trial Court so far as payment ot' future rent at tts.15,000/-, considering long lapse of tirne llom the date tlie amount of Rs.7,500/- was agreed, let the said anrount of' Rs.t-5.000/- be quantified by the trial Couft and thc amount so paid cvery month be deposited in the concerned Court seized of thc ntattcr'. Ilowcver, the respondent/plaintiff be cntitied fbr thc withdrarval ol' thc said arnount only to the extent ol'I{s.7,500i- as agreed upon in the plaint to be the agreed n.ronthly rent. 'l-he late o['the renraining porlion ol the arnount which would stand depositecl before tl-re trial Court would be finally decided at the time of tinalization of tlrc suit itselL

\

6. With the afbresaid obseryations, this ( livil Revisior.r Petition is disposed of Conscqucntly, tniscellaneous petitions prr cling, if any, shall stancl closcd //TRUE COPY//

/- L.VIJAYA LAXMI

TANT REGISTRAR

\t\

\l

S,I

ASSIS

\

iECTION OFFICER

To,

J

The XX Junior Civil Judge, City Civil Courts, Hvderaba<

one CC to SRt. B SHESFU xu[aAn Ao-vocit. idpuCi-'

one CC to SRl. R.A.ACHUTHANAND Rovoiate loht r 1

Two CD Copies

GE/ba

f,r.,t

HIGH COURT

DATED:2010212026