HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP MP No.1945 of 2012 in CRP No.866 of 2011 ORDER: This application is filed under section 148 and 151 of CPC seeking extension of time till 02.11.2012 for compliance of the orders dated 21.09.2011 in CRP No.866 of 2011 regarding payment of arrears of rent pending disposal of the main CRP. 2. Heard both sides. Perused the record, including the counter filed by the respondent. 3. The respondent herein filed suit for eviction of the petitioners from the petition schedule property and for recovery of arrears of Rs.7,50,000/- towards past rent at the rate of Rs.1,50,000/- per month from December 2008 to 30.04.2009 and to pay damages at the rate of Rs.2,00,000/- per month from the date of the suit, till the date of eviction. The petitioners herein/ defendants filed written statement contesting the suit. The respondent herein-plaintiff filed IA No.1197 of 2009 seeking direction to the defendants to deposit arrears of rent from 01.02.2009 to 30.04.2009 and further to deposit the future rent at the rate of Rs.1,50,000/- per month. By order dated 31.01.2011 the learned V Additional District Judge allowed the said application. Aggrieved by the same, the defendants filed CRP No.866 of 2011. The defendants also filed IA No.16 of 2011 under section 151 of CPC seeking permission to deposit a sum of Rs.3,18,150/- from Rs.4,50,000/- as claimed in IA No.1197 of 2009 and further seeks permission to deposit other amounts i.e., current month and for one month towards arrears of rent after deducting TDS. The said application was also disposed of by common order dated 31.01.2011 directing the defendants to deposit balance arrears of rent from May 2009 till January 2011 and continue to deposit future rents from February 2011 at the rate of Rs.1,50,000/- per month till the disposal of the suit, within one week of every succeeding month after deducting the income tax. Aggrieved by the same, the defendant filed CRP No.1059 of 2011. This court by a common order dated 21.09.2011 disposed of both the revision petitions, holding that the impugned order in IA No.1197 of 2009 directing the defendants to deposit arrears of rents at the rate of Rs.1,50,000/- per month from 01.02.2009 till 30.04.2009, with further direction to continue to deposit at the same rate in the first week of every succeeding month after deducting the income tax at source, does not call for any interference. The defendants were further directed to deposit balance of arrears of rent, excluding the amount already deposited in pursuance of the permission granted in IA No.16 of 2011, within a period of eight weeks from the date of the said order and continue to deposit future monthly rents at the rate of Rs.1,50,000/- per month in the first week of every succeeding month during pendency of the suit. It is also held that the trial court has rightly rejected the prayer of the defendants to permit to deposit the arrears of rents by way of monthly installments. Admittedly, the said common order dated 21.09.2011 in CRP Nos.866 & 1059 of 2011 has become final. 4. The defendants have not admittedly complied with the above said orders dated 21.09.2011 and did not make deposit or payment within the time granted by the court. The present application is filed on 16.03.2012 seeking extension of time for deposit by 12 months till 02.11.2012 pending disposal of the main revision. In fact, the main CRP No.866 of 2011 was disposed of on 21.09.2011, which is also referred to in the affidavit. It is not clear from the affidavit filed in support of the application as to pending disposal of which CRP, extension of time is sought. The present application is filed in CRP No.866 of 2011, which was already disposed of on 21.09.2011. 5. Be that as it may, the common order dated 21.09.2011 in CRP Nos.866 & 1059 of 2011 was passed on merits and taking into consideration all contentions raised by both sides, and the said order has become final. The defendants have not complied with the order and did not also file any application for extension of time before the period originally granted has expired but filed present application about six months after disposal of CRP No.866 of 2011. The affidavit filed in support of the application does not offer any explanation for non-compliance with the orders passed in CRP No.866 of 2011. The specific direction in the order dated 21.09.2011 in CRP No.866 of 2011 is to deposit arrears of rent at the rate of Rs.1,50,000/- from 01.02.2009 till 30.04.2009 and also to pay future rent at the same rate. In the present application, the defendants have sought to dispute the quantum of arrears payable by raising a dispute over the extent of the lease-hold, which is impermissible in view of the fact that the earlier order specifying quantum of rent and also period of arrears has become final. The affidavit filed in support of the application does not disclose any valid or sufficient grounds for extension of time. It is stated that earlier petitioners filed CRP MP No.900 of 2012 seeking extension of time and on 01.03.2012 the petitioners have withdrawn the same with liberty to file fresh application. Even the present application does not also disclose any justification for granting extension of time for compliance with the orders dated 21.09.2011 in CRP No.866 of 2011. There are absolutely no merits in the petition. 6. In the result, CRP MP No.1945 of 2012 is dismissed accordingly. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 28.09.2012 bss