IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.4023 OF 2010 Date:24.03.2011 Between:- Mariyum M.Meghjani ..Revision Petitioner/Appellant/defendant And Sidharth Sehgal and others .. Respondents/respondents/plaintiffs ORDER:- This Civil Revision Petition is directed against the order, dated 29.07.2010, passed in I.A.No.2425 of 2010 in A.S.No.253 of 2010 on the file of II Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, petition filed by the petitioner under Order XLI Rule 5(1) read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’) to stay the execution of decree dated 03.06.2010 in O.S.No.2085 of 2008 on the file of V Senior Civil Judge, City Civil Court, Hyderabad, was allowed on condition of the petitioner depositing the arrears of damages within four weeks and shall continue to deposit the damages at the rate of Rs.25,000/- per month on or before 10th of every succeeding month. 2. The respondents herein, who are the plaintiffs in O.S.No.2085 of 2008 on the file of V Senior Civil Judge, City Civil Court, Hyderabad, filed the suit for eviction of the petitioner herein, who is the defendant and the same was decreed. Aggrieved by the said judgment and decree, the petitioner herein filed A.S.No.253 of 2010 on the file of II Additional Chief Judge, City Civil Court, Hyderabad. During the pendency of the appeal, the petitioner herein filed I.A.No.2425 of 2010 for stay of the execution of the decree dated 03.06.2010 in O.S.No.2085 of 2008 and it was allowed on condition as mentioned supra. Hence, the present revision petition. 3. Admittedly, the rent payable is Rs.16,173/- per month, but the trial Court ascertained the damages for use and occupation, in view of the termination of tenancy, under Section 106 of the Transfer of Property Act, 1882 and directed the petitioner herein to pay the damages at the rate of Rs.25,000/- per month from 01.09.2008 onwards, which is under challenge before the appellate Court. So, the impugned order is liable to be set aside insofar as directing the petitioner/tenant to pay the damages, as ascertained by the trial Court. Whether the petitioner/tenant is liable to pay the damages for use and occupation of the schedule premises or not has to be decided in the appeal itself. 4. Therefore, the impugned order is modified directing the petitioner/tenant to deposit the arrears, if any, at the rate of Rs.16,173/- per month only and continue to pay the same on or before 10th of every succeeding month. It is also made clear that the appellate Court shall make an endeavour to dispose of the appeal as early as possible. 5. With the above observation, the Civil Revision Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 24th March, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.4023 OF 2010 Date:24.03.2011 AMD