The High Court · 2025

Lavanya A, D/o AVJ Rao, Age: 36 years, Occ: Consultant, F /o Flat No. 304' B-3- 1027t1 , Plol No.152, Bhanu Residency, Srinagar Colony, Hv lerabad -500073 AND ...Rr: ;pondenUPetitioner Petition under Section 151 CPC praying that in the r; 'cumstances stated in the affidavit filed in support of the petition, the High Cou'r may be pleased to vacate the interim stay order in lA No.'1 of 2025 in CRP Nc. 1728 of 2025 dated 21-05-2025. Counsel for the Petitioner: Ms. A. Lavanya, Party in Person Counsel for the Respondent: Mr. R. Ranganathan The Court made the following: ORDER IN THE COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITOIN NO. 1728 of 2o25 15th DAY OF DECEMBE& 2Q25 Between: Ms. Lavanya.A, Hyderabad . Petitioner/ defendant And Mr. Prasalth Nandanuru, Hyderabad Respondent/plaintiff ORDER: I Heard Petitioner party-in-person Mr. R.Ranganathan, learned counsel for respondent/plaintiff Perused the record

2. This Civil Rer.ision petition is filed aggrieved by the Order dated 02.05.2025 passed by.the Learned XXV Additional Chief Judge, City Civil Court, Hyderabad, (for short, 'the First Appellate Court) in I.A. No. 610 of 2025 in A.S. No. 68 of 2025, wherein, the petitioner/ appeilant is directed to deposit the first installment of 25ok of arrears of rent by 06.05.2025, the second 2 RY,J CRP 1728 of2025 installment of 25o/o of arrears by 09.O6.2025 z nd the remaining 50% of arrears by 09 .OT .2025.

3. The matter is argued by the petitione - (party-in-person) who is a tenant of the respondent with re.r pect to the suit schedule property consisting of Municipal Ho -r se bearing No. 8- 3-1027 11, Plot No. 152, Flat No. 304 of Il ranu Residency, Srinagar Colony, Hyderabad. The respondent I led a suit in O.S. No. 3O5B of 2O2O for eviction and for payment ,f arrears of rent. Further, the respondent also sought mesne profits from the petitioner herein. Aggrieved by the judgment i nd decree dated

31.0i.2025 passed in O.S. No. 3058 of 2O2O t r thc XXI Junior Civil Judge, City Civil Court, Hyderabad (for short. 'the Trial Court'), the petitioner herein preferred A. S. \o. 68 of 2025 belore the First Appellate Courr.

4. In said appeal, the petitioner filed I.A. ,to. 61O of 2025 seeking interim stay of judgment and decree ,l rted 3i.01.2O25 pending disposal of the appeal. On 23.04, )025, the First Appellate Court directed the parties to maint: i -L status quo till 3O.O4.2O25. Thereafter, said I.A No. 610 of 2O2S has been disposed of uide order dated 02.OS .2O2i directing the 3 RYJ CRP 1728 of2o25 Petitioner to pay arrears of rents in three (03) installments i.e. 25o/o by 06.05.2025, 25%o by 09.06.2025 and 50% by O9.O7.2025. Aggrieved by the same, the present Civil Revision Petition is preferred. The background facts and grounds contain various allegations ald details which need not be considered in the present Civil Revision Petition

5. The petitioner argued the matter as party in person stating that the trial Court did not consider her diffrculty in paying the first installment of 25o/o of arrears of rent within a period of three (03) days i.e. the order was passed on O2.O5.2O25 and she was expected to pay the hrst installment on 06.05.2025. This situation of procuring an amount of about Rs.3,OO,OO0/- within a period of three (03) days has caused difhculty. In addition, the petitioner did not have knowledge about the method of payment of arrears of rent either before the First Appeliate Court or the Trial Court. The petitioner had to run pillar to post to find out the method of payment of the arrears of rent for the first installment. It is admitted by the party in person that she was a tenant of the respondent for almost ten (1O) years and it is also admitted that she cannot 4 RY,J CRI'1728oJ2O25 live in the house of the respondent incl,: initely. However, .fictrlt to find an according to the petitioner, she found it r.i alternative accommodation on accounI ot. thc illegal acts committed by the respondent while attemptir-l to throw her out of the house physically without following du r process of law. According to the petitioner, the regular nuisal :cs caused by the respondent in the process of evicting her lorci rlv have defamed her reputation in the locality and therefor-t,. she is unable to find alternative accommodation to vaczilr the premises. However, the petitioner has acknou,ledged thr hct that she has to vacate the premises one day or the other. i s the trial Court has passed a decree of eviction against her.

6. Learned counsel for respondent slrlr nitted that the petitioner herein as a tenant has committed d: aull in pavment of rents and therefore, a suit for eviction hrrs been filed. The petitioner is a chronic defaulter. It is also lte case ol the respondent that the petitioner is abusing thr, lrocess of lau, to defeat the rights of the respondent accrr r d through the judgment and decree dated 31.0 t.2O2Sin OS l.t r. 3058 of 2O2O. It is submitted tha t the petitioner does r r rt d eserve any .,, / RY,J CRP 1728 of2025 sympathy as she has subjected the respondent to untold misery during her tenure as a tenant. 7 . The petitioner submitted that given reasonable time frame she will pay the arrears of rent and also vacate the suit schedule premises. It is seen that the First Appellate Court passed the impugned order dated 02.05.2025 granting stay subject to payment of 100% of arrears of rents during the pendency of the appeal. In normal course, stay is granted in a suit for eviction subject to payment of arrears of rent of 50% r,t ithin a given time frame. The mandatory right of first appeal and its purpose would be defeated in case the petitioner is directed to pay 100% of arrears of rents. In the facts and circumstalces of the case, the First Appellate Court ought to have directed the petitioner to pay 5O% of arrears of rent in two (02) installments and to pay the remaining at the time of disposal of the appeal. B. The petitioner in her grounds of appeal contended that there is an error committed by the trial Court while computing the arrears of rent. According to the petitioner, she has paid several amounts online through her bank account and said 6 /?ral ' ':aRP 1728 oJ 2025 I I I I '1 payments a,re not considered by the Trial Cour.r . It is specifically stated that rents for many months were paid ., a SBI,s Treasury Branch, Gunfoundry, Hyderabad, with cha lln process and submitted the same in the trial Court in the fo. m of receipts for the period during 2024. However, the said chat ans and receipts have not been considered by the trial Court. In the circumstances, there is every possibility of p a zment of double rents and therefore, the petitioner claimed tli rt she has good .chances of success in the first appeal in A.S No. 68 of 2025. That being so, the First Appellate Court comrr Ltecl an error in ordering the petitioner to pay the total a1nr) lnt of 1 00% of arrears of rent within three (O3) months f: rm the date of passing of the impugned order.

9. In the circumstances, the Civil Re,,. I ion petition is disposed of directing the Petitioner to pay 5O% r f arrears of rent by 20.01.2026 and the remaining amount : r be paid after disposal of the First appeal in A.S. No. 68 of >_O25 before the learned XXV Additional Chief Judge, Ciq, Civil Court, H_vderabad. Meanwhile, the petitioner may also as per the oral undertaking given by her in the open Cour _ search for an 7 CRP 1728 of2o2s alternative accommodation and to vacate the suit schedule premises by the date of disposal of the appeal- There shall be nor order as to costs Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/. A.V.S. PRASAD DEPUTY REGISTRAR 6 SECTION OFFICER To 1 2 J 4 The XXV Additional Chief Judge, City Civil Court, at Hyderabad. Ms. A. Lavanya, D/o AVJ Rao, Age: 36 years, Occ: Consultant, Fi/o Flat No' 304, 8-3- 1027t1, Plot No.'l52, Bhanu Residency, Srinagar Colony, Hyderabad -500073. Party in Person. One CC to Mr. R. Ranganathan, Advocate [OPUC] Two CD Copies M. L-t. :,-;: .-': :',", ;l-E tl,,t s6 C) * -o HIGH COURT RY, J DATED:1511212025 C)o

1. ORDER CRP.No.1728 ot 2025 I E:D )4', DISPOSING THE CRP 1?)