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2025 DAILYLAW 12823 (AP)

ANDULURI ANANDA RAO v. M/S MALLETI PROJECTS ( OPC) PVT LTD

CRP/784/2025 · 2025-04-02

Subba Reddy Satti

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010151382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION NO: 784/2025 Between: Anduluri Ananda Rao and Others ...PETITIONER(S) AND M/s Malleti Projects Opc Pvt Ltd and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent(S): 1. The Court made the following ORDER: The plaintiff in the suit filed the above revision under Article 227 of the Constitution of India, complaining of non-disposal of I.A.No.152 of 2023 in O.S.No.59 of 2022 on the file of the learned II Additional Junior Civil Judge, Srikakulam. 2. The plaintiffs filed O.S.No.59 of 2022 against the defendants for their eviction from the subject premises. 3. Pending the suit, plaintiffs filed I.A.No.694 of 2022 under Order XV-A of CPC, seeking a direction to the respondents/defendants to deposit arrears accrued, up to date, within 15 days from the date of the order. The said application was allowed on 24.03.2023, directing the respondents/defendants to deposit the arrears of rent @ Rs.51,750/- from July, 2021 till the date of said order, into the Court, within fifteen days from that date, failing which the defence of the respondents /defendants in the suit, will be struck off. 4. Thereafter, in July 2023, the petitioners filed I.A.No.152 of 2023 under Section 151 read with XV-A (2) of CPC to strike off the defence. Since the said interlocutory application is not being disposed of, the present civil revision is filed. 5. Heard learned counsel for the petitioners/plaintiffs. Notice to respondents 1 and 2 is dispensed with since no adverse order is passed against them. 6. Learned counsel for the petitioners/plaintiffs would submit that the respondents/defendants neither deposited the arrears of rent nor paid the admitted rents, despite the order dated 24.03.2023, which became final. 7. As seen from the material, the suit O.S.No.59 of 2022 is filed seeking eviction of the respondents/defendants from the suit schedule property. Pending the suit, the petitioners/plaintiffs filed I.A.No.694 of 2022 under Order XV-A of CPC, and the said petition was allowed, directing the respondents/defendants to deposit arrears of rent within fifteen days from the date of the said order, failing which the defence will be struck off. However, as per the contention of learned Senior Counsel for the petitioners/plaintiffs, the respondents/defendants neither deposited the arrears nor preferred revision against the said order. Subsequently, the petitioners/plaintiffs filed I.A.No.152 of 2023 to strike off the defence, and the same is pending before the trial Court and the trial court has not disposed of the said I.A. 8. Given the above facts and circumstances of the case and submissions of the learned Senior Counsel, since the trial Court already passed an order in I.A.No.694 of 2024 in O.S.No.59 of 2022, filed under Order XV-A of CPC, with a condition that defence of the respondents/defendants in the suit, shall be struck off, in case of failure on their part to deposit the arrears, the trial Court shall dispose of I.A.No.152 of 2023 in O.S.No.59 of 2022, filed to struck of the defence, as expeditiously as possible, strictly, adhering to the procedure. 9. With the above direction, this civil revision petition is disposed of. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 02.04.2025 IKN 226 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION NO: 784/2025 Date : 02.04.2025 IKN In view of the circular issued by this Court vide R.O.C.No.560/OP/CELL/2022, dated 23.11.2022