THE HONOURABLE MR JUSTICE K. C. BHANU C.R,P. No.5959 of 2009 ORDER: 1. This revision is directed against the order dated 03.12.2009 passed in I.A.No.2727 of 2009 in A.S.No.74 of 2009 by the learned I Additional District Judge, Khammam, whereunder and whereby the petition filed under Order XLI Rule 5 and Section 151 CPC seeking stay of all further proceedings in E.P.No.453 of 2009 in O.S.N.96 of 2005 on the file of the Principal Senior Civil Judge, Kothagudem, was ordered granting interim stay on condition of the revision petitioner depositing a sum of Rs.10,00,000/- before the trial Court within one week from the date of order. 2. The suit O.S.No.96 of 2005 on the file of the Principal Senior Civil Judge, Kothagudem, filed by the respondents herein, was decreed on 09.04.2009 against the petitioner herein directing it to vacate and hand over the vacant possession of the suit schedule property within a period of six months from the date of decree, and to pay arrears of rent of Rs.1800/- per month and damages for use and occupation at the rate of Rs.30,000/- per month from 17.01.2005 to 31.03.2005, and also pay Rs.14,488/- being costs of the suit and gave liberty to the respondents to file an application seeking enquiry for determining the future damages subsequent to filing of the suit for use and occupation of suit property by the petitioner. 3. Learned counsel for the petitioner contended that as the respondents are refusing to receive the rents, the company has not paid the same, but the fact remains that the petitioner has not paid rents even after termination of the lease by giving a quit notice under Section 107 of the Transfer of Property Act, 1882. 4. Learned counsel for the respondents herein contended that as the petitioner has not been paying rent since the year 2002, quit notice was given in the year 2002 and therefore, the appellate Court directing it to deposit a sum of Rs.10,00,000/- before the trial Court, cannot be shown as perverse. 5. During the pendency of the execution petition i.e., E.P.No.453 of 2009 in O.S.No.96 of 2005 on the file of the Principal Senior Civil Judge,Kothagudem, the learned I Additional District Judge, Khammam granted interim stay on condition of the petitioner depositing a sum of Rs.10,00,000/- before the trial Court within one week from the date of that order. Even if the petitioner herein succeeds in the appeal in appellate Court, it is difficult for the petitioner to recover the amount. Ultimately, if the respondents succeed in the appeal, they can as well recover from the petitioner Corporation. Considering the fact that the petitioner has not deposited the rents since the year 2002, petitioner company can be directed to deposit a reasonable amount before the trial Court. 6. Therefore, considering the facts and circumstances of the case, proceedings in E.P.No.453 of 2009 are stayed during pendency of the appeal, on condition of petitioner depositing a sum of Rs.5,00,000/-(Rupees five lakhs only) before the trial Court to the credit of the EP, within three weeks from today, and on such deposit, the respondents/decree holders are permitted to withdraw the same. Accordingly, the Civil Revision Petition is disposed of. No order as to costs. _____________ K.C.BHANU, J Date:04.03.2010. sj