APHC010570052024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: Between: Sunkara Sita Maha Lakshmi Shaik Mastan Counsel for the Petitioner: 1. PRASANNALA KANCHARLA Counsel for the Respondent: 1. The Court made the following: ORDER : Heard Smt.Prasannala Kancharla, petitioner. 2. The petitioner/plaintiff owner of the suit subject property. The respondent/defendant was a tenant and had been running an old rubber tyre repairing and puncture 1 C.R.P.No.3135 of 2024) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 3135/2024 Sunkara Sita Maha Lakshmi ...PETITIONER AND ...RESPONDENT Counsel for the Petitioner: PRASANNALA KANCHARLA Counsel for the Respondent: The Court made the following: Heard Smt.Prasannala Kancharla, learned counsel for the The petitioner/plaintiff filed suit alleging that he subject property. The respondent/defendant was a tenant and had been running an old rubber tyre repairing and puncture (RNT,J C.R.P.No.3135 of 2024) IN THE HIGH COURT OF ANDHRA PRADESH [3299] THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI ...PETITIONER ...RESPONDENT learned counsel for the that he is the subject property. The respondent/defendant was a tenant and had been running an old rubber tyre repairing and puncture 2 (RNT,J C.R.P.No.3135 of 2024) shop on a monthly rent of Rs. 8,000/-. The respondent paid the rent till the end of December 2016. As the respondent defaulted on rent payments, the petitioner/plaintiff filed O.S.No.94 of 2017 on the file of the Principal Junior Civil Judge, Gannavaram, seeking the respondent's eviction from the plaint schedule property and possession of the same, along with arrears of rent and damages. The petitioner/plaintiff also filed I.A.No.478 of 2017, seeking a direction to the respondent to deposit the arrears of rent and continue to deposit monthly rent @ Rs. 10,000/- per month in Court. 3. The respondent/defendant filed an objection/counter affidavit, inter alia stating that the petitioner is not the owner of the plaint schedule property and. The third party was the owner, and that he is not the petitioner's tenant. 4. By an order dated 28.02.2019, the learned court rejected the petition, observing that no prima facie material was filed to direct the respondent to deposit the arrears of rent as prayed for. 5. Challenging the order dated 28.02.2019, this Civil Revision Petition has been filed. 6. Learned counsel for the petitioner submits that there was relationship of landlord and tenant, and as the respondent defaulted to 3 (RNT,J C.R.P.No.3135 of 2024) payment of rent, the learned Court should have allowed I.A.No.478 of 2017. 7. I have considered the submissions of the learned counsel for the petitioner and perused the material on record. 8. The suit was filed for the respondent's ejectment from the plaint schedule property, recovery of arrears of rent for the specified period, and damages for the subsequent period. The question of the relationship between the landlord and the tenant is a material issue involved. It cannot be decided at the stage of an interim application for direction to deposit the alleged arrears of rent. It requires determination during the trial of the suit. Consequently, I do not find any illegality in the impugned order of the learned Court. 9. Besides, the impugned order was passed in the year 2019. The Civil Revision Petition is highly belated, but without explaining the laches. 10. The Civil Revision Petition lacks merit and is dismissed. 11. However, considering that the suit is pending since 2017, the learned Court is directed to expeditiously decide the suit without granting unnecessary adjournment. 4 (RNT,J C.R.P.No.3135 of 2024) No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J Date :04.02.2025. RPD. 5 (RNT,J C.R.P.No.3135 of 2024) 392 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI (DISMISSED) CIVIL REVISION PETITION NO: 3135 OF 2024 Date :04.02.2025 RPD.