THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3427 OF 2010 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is directed against the docket order, dated 09.03.2010, in I.A.No.3895 of 2009 in A.S.No.366 of 2009, on the file of II Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, the application filed by the respondent herein/appellant, to stay all further proceedings in pursuance of the common judgment and decree, dated 17.09.2009, in O.S.Nos.1000 of 2006 and 1317 of 2005, passed by IX Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad, including eviction of the respondent herein from the suit schedule property, was allowed. 2. The impugned docket order reads as follows: “Having heard the learned counsel for the petitioner/appellant and respondent/respondent and having considered the fact that the petitioner has been regularly paying the monthly rents and the fact that the petitioner deposited the suit costs and filed memo to that effect today and having considered the findings of their Lordships reported in the decisions between Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd. reported in (2005) 1 SCC 705 and between Pradeep Kumar vs. Hajari Lal reported in 2008 (3) SCALE 488, since this is a first appeal, I am of the view that the Decree of eviction granted by the Court below can be stayed till the disposal of the appeal. The contention of the learned counsel for the respondent that the petitioner has to be directed to pay higher rent than the admitted rent even without ascertaining the mesne profits on separate applications filed under Order XX Rule 12 C.P.C. cannot be considered at this stage. Therefore, the petition is liable to be allowed but without costs. In the result, the petition is allowed without costs. Interim stay of all further proceedings pursuant to the Judgment and Decree dated 17.09.2009 passed by the learned IX Additional Senior Civil Judge (FTC), City Civil Court, Hyderabad in O.S.No.1000 of 2006 is, therefore, granted pending disposal of the appeal.” 3. Learned counsel for the petitioner herein contended that a separate application has to be filed by the petitioner/landlord for ascertaining mesne profits i.e., damages for use and occupation of the suit schedule property, but the appellate Court granted absolute stay of decree and judgment of lower Court and hence, he prays to modify the impugned order. 4. Learned counsel for the respondent herein contended that by virtue of the impugned order, the trial Court judgment was stayed by the appellate Court and consequently, the respondent/tenant cannot be evicted pending disposal of appeal and hence, he prays to modify the impugned order. 5. Both the counsel pray to modify the impugned order with regard to ascertaining mesne profits. The admitted rent payable by the respondent herein is Rs.1/- per square feet. There is 15,030 square feet built up area and also shops in the total extent of 1670 square yards of suit schedule property. Therefore, it is just and reasonable to direct the respondent herein to deposit the rent into the Court at the rate of Rs.30,000/- per month, out of which the petitioner herein is entitled to withdraw only Rs.15,000/- per month and the remaining amount of Rs.15,000/- per month shall be kept in the civil Court deposit, till the determination of damages for use and occupation of the suit schedule property in question. On application filed by the petitioner herein/landlord, the mesne profits enquiry with regard to the determination of damages for use and occupation shall continue and that till the disposal of the Appeal Suit, the respondent herein shall not be evicted from the suit schedule property. 6. With the above modification, the Civil Revision Petition is disposed of. Observation, if any, made in this petition is only for the purpose of safeguarding the interest of both the parties, and the formal fixation of rent by this Court cannot be construed as finding with regard to fixation of rent. The appellate Court shall base its findings basing on the available evidence that may be adduced by both the parties and dispose of the Appeal suit as early as possible subject to part heard and other old cases. There shall be no order as to costs. _______________ K.C. BHANU, J October 08, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3427 OF 2010 Between: R. Vijayanandan Reddy .....PETITIONER AND M/s. Mega Educational Society ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3427 OF 2010 October 08, 2010