HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 5998 OF 2010 ORDER: This Civil Revision Petition has been filed aggrieved by the Order dated 2.11.2010 passed in I.A.No. 2994 of 2010 in O.S.No. 261 of 2010 by the II Additional Chief Judge, City Civil Court, Hyderabad. Petitioner herein is the defendant and respondents herein are the plaintiffs in O.S.No. 261 of 2010. Suit was filed for recovery of arrears of rent and damages. Plaintiffs also filed I.A.No. 2994 of 2010 under Order 15-A read with Section 151 CPC seeking a direction to the respondent to deposit arrears of rent for the period from October 2009 to August 2010 amounting to Rs. 6,82,143/- at the rate of Rs. 62,013/- per month and also for a further direction to deposit the rents continuously till the disposal of the suit. That I.A was allowed and the respondent therein was directed to deposit the arrears of rents/damages from October, 2009 to October 2010 at the rate of Rs. 62,013 per month, within 15 days from that date. The respondent further directed to deposit the current rents/damages continuously at the rate of Rs. 62,013/- per month on or before 10th of every month till the disposal of suit. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner contended that the suit was filed for arrears of rent and for damages and there is no eviction, therefore, application filed under Section 15-A of CPC is not maintainable. To rebut the contention, the learned counsel appearing for the respondents has drawn our attention to the certified copy of the plaint, which clearly shows that the suit was filed for recovery of arrears of rent and damages. According to the respondents, the premises is still under lock and key of the petitioner and it did not surrender possession of the premises to the respondents, therefore, the petitioner is liable to pay the rents as agreed. Hence, they filed I.A. under Section 15-A CPC. Heard the learned counsel appearing for both sides and also perused the material made available on record. As seen from the record, the petitioner did not handover the possession to the respondents. Therefore, till the petitioner legally surrenders the possession to the landlords /respondents, it is liable to deposit the rents in Court. Therefore, the court below rightly directed the petitioner herein to deposit the arrears of rents/damages from October, 2009 to October 2010 at the rate of Rs. 62,013/- per month within 15 days and shall continue to deposit the current rents/damages at the said rate on or before 10th of every month till the disposal of suit. Hence, I see no reasons to interfere with the order passed by the court below and the Civil Revision Petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J DATE: 16.09.2011 KA