THE HON’BLE SMT JUSTICE T.MEENA KUMARI Civil Revision Petition No. 4153 OF 2009 ORDER: This civil revision petition is directed against the order dated 6th July 2009 made in R.A.No. 124 of 2007 on the file Chief Judge, City Small Causes Court, Hyderabad, where under and whereby the learned Chief Judge while allowing the appeal, set aside the order dated 2.6.2007 made in IA No.470/2006 in RC 267/99 and consequently allowed the said I.A. Revision petitioners are the landlords and the respondent herein is the tenant in the previous proceedings. The respondent herein filed I.A. No. 470/2005 in RC No.267/99 on the file of Additional Rent Controller, Secunderabad seeking for permission for setting aside the exparte decree passed in RC on 22-7- 2006. The landlord filed the RC on the ground of willful default in payment of rents and the tenant also filed counter in the main case but though opportunity was given did not adduce any evidence. But, the trial court passed an exparte eviction order against the tenant on the ground that the tenant failed to adduce any evidence. Against the said order, the tenant filed the above I.A. The trial court after hearing both parties dismissed the petition. In appeal preferred against the said order in R.A.No. 124 of 2007, the lower appellate Court after reconsidering the material on records and the grounds of appeal, allowed the appeal and while setting aside the order in IA 470/2005 and restored the rent control case(RCC) to its original file by fixing six months time schedule for the disposal of the same. Aggrieved against the same, the landlords filed the present civil revision petition. Heard the learned counsel for the petitioners. A perusal of the order under revision goes to show that the learned Chief Judge allowed the appeal and set aside the order of the court below observing that in the case before the Rent Controller, though the tenant failed to adduce any evidence and thereby invited exparte decree, yet, at the same time, equally the landlords also did not place any evidence on record and she also observed that under those circumstances the petition ought to have been dismissed for default, but eviction could not be granted and that it cannot be treated as an order on merits. As seen from the record, equally the landlords also failed to adduce any evidence and therefore the lower appellate court rightly set aside the exparte order passed by the trial court and restored the rent control case to its original file while fixing a time schedule for the disposal of the same. In view of the above reasoning, I do not see any ground to interfere with the order under revision. Therefore, the present civil revision petition is dismissed at the stage of admission. _____________________ T MEENA KUMARI J 10-9-2009 Kvrk/rkk THE HON’BLE SMT JUSTICE T.MEENA KUMARI C.R.P. NO. 5418 OF 2009 27th November 2009