IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTIETH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.5907 of 2009 BETWEEN: Hazmer Infracom Pvt. Ltd. ... PETITIONER AND Prabhakar Rao ...RESPONDENT Counsel for the Petitioner : MRS. PRAMADA Counsel for the Respondent: MR. MALLA RAO The Court made the following: ORDER: By consent of both sides the revision itself is being disposed of at the interlocutory stage. 2. This revision is directed against the order of the lower appellate Court dismissing the stay petition being I.A.No.2499 of 2009 dated 11.09.2009 pending appeal being A.S.No.192 of 2009, for non-compliance of the conditions under which stay was earlier granted. 3. The case has a chequered history and inasmuch as this Court had also entertained the revision and granted stay but later the conditions thereof were not complied with by the petitioner and the stay stood vacated vide order of this Court in CRPMP.No.54 of 2010 dated 10.02.2010. Thereafter, the petitioner has complied with the said order and moved the present fresh application being CRPMP.No.7167 of 2010 seeking stay. 4. Heard both sides. 5. The respondent has filed a calculation memo and points out that even according to the revision petitioner as per paragraphs 3 and 4 of the affidavit before the lower appellate court in support of the stay petition, it is admitted that the aggregate rent payable by it is Rs.23,000/- per month. The ex parte interim order passed by this Court in CRPMP.No.8135 of 2009 dated 17.12.2009 directing the petitioner to deposit rent at Rs.14,000/- per month, therefore, needs an appropriate modification. It is also contended that the petitioner though has paid arrears, the same were calculated at Rs.14,000/- per month and not at Rs.23,000/- per month, thereby there are still arrears of Rs.1,62,157/- payable by the petitioner. 6. Learned counsel for the petitioner states that what is the quantum of rent payable and the other issues including validity of notice to quit etc. are all matters pending before the lower appellate Court for adjudication. 7. In the circumstances, therefore, for the present, since the petitioner is in possession of the suit schedule property and as the appeal A.S.No.192 of 2009 is pending consideration before the lower appellate Court, I deem it appropriate to grant stay of eviction of the petitioner in pursuance of the impugned decree in A.S.No.192 of 2009 on the file of the Chief Judge, City Civil Court, Hyderabad, subject to the following conditions: 1. The petitioner shall pay the arrears of rent calculated up to 15.11.2009 quantified at Rs.1,62,157/- on or before 15.01.2011. 2. From the tenancy month of December 2010 onwards, the petitioner shall pay/deposit monthly rent/damages for use and occupation at Rs.23,000/- per month on or before 10th of each month and the rent for December 2010 shall be payable by 10.12.2010 and successively thereafter every month pending the appeal. 3. In default of any of the conditions aforesaid, the respondent shall have liberty to move the executing Court for execution of the decree impugned in A.S.No.192 of 2009 pending before the Chief Judge, City Civil Court, Hyderabad. The civil revision petition is accordingly disposed of. The learned Chief Judge, City Civil Court, Hyderabad is requested to hear and dispose of the appeal expeditiously and in any case, before August 2011. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J November 30, 2010 Note: Furnish C.C. of the order within one week. (B/o) DSK