APHC010431362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2719 OF 2024 Petition filed under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to set aside the Order, dated 08-08-2024 passed in I.A.No.2 of 2024 in A.S. No.50 of 2024 on the file of the II Additional District and Sessions Judge, Eluru, to the extent that the subject to the deposit of suit amount of Rs.3,12,000/- by the petitioner/appellant in Court within one month from the date of the said Order. Between: Pasupuleti Venkata Atchaiah Prasad, S/o.Venkataratnam, aged 57 years, R/o.D.No.27-1-42, Journalist Colony, Ameenapeta, Eluru. ...Petitioner/Appellant/Defendant AND Dampudubhiyyapu Sridevi, D/o.Subba Rao, aged 36 years, R/o.R.R. Peta, Eluru. ...Respondent lA NO: 1 OF 2024 Petition filed under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be r' pleased to stay the condition Order dated 08-08-2024 passed by the II Additional District and Sessions Judge, Eluru in lA. No.2 of 2024 in A.S. No.50 of 2024 to the extent that subject to the deposit of suit amount of Rs.3,12,000/- by the petitioner/appellant in Court within one month from the date of the said order. Counsel for the Petitioner: Sri Venkata Durga Rao Anantha Counsel for the Respondent: Sri K.K.Rao The Court made the following: I APHC010431362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3333] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2719/2024 Between: 1.PASUPULETI VENKATA ATCHAIAH PRASAD, S/0 VENKATARATNAM, AGED 57 YEARS, R/0 D.NO. 27-1- 42, JOURNALIST COLONY AMEENAPETA, ELURU ...PETITIONER AND 1.DAMPUDUBHIYYAPU SRIDEVI, D/o Subba Rao, aged 36 years R/o R.R. Peta, Eluru. ...RESPONDENT Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to set aside the order passed in I.A.No.2 of 2024 in A.S. No. 50 of 2024 passed by the learned II Addl. District and sessions Judge, Eluru, to the extent that the subject , to the deposit of suit amount of Rs.3,12,000/- by the petitioner /appellant in court within one month from the date of the said order and to pass lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the T 2 m: C.R.P.N0.2719 0^ petition, the High Court may be pleased pleased to stay the condition order dated 08-08-2024 passed by the learned II Additional District and Sessions Judge, Eluru in lA. No. 2 of 2024 in A.S. No.50 of 2024 to the extent that subject to the deposit of suit amount of Rs.3,12,000/- by the petitioner/appellant in court within one month from the date of the said order and to pass lA NO: 1 OF 2025 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to extend the interim orders dated 15.11.2024 passed in I.A. No. 1 of 2024 in C.R.P. No. 2719 of 2024 and pass Petition under Section 151 CPC Counsel for the Petitioner: 1 .VENKATA DURGA RAO ANANTHA Counsel for the Respondent: 1.K K RAO The Court made the following: 3 VS,J C.R.P.NO.2719OF 2024 ORDER The present Civil Revision Petition is filed against the order dated 08.08.2024 in I.A.No.2 of 2024 in A.S.No.50 of 2024 passed by the learned II Additional District Judge. West Godavari District, Eluru, granting stay of operation of decree and judgment dated 26.02.2024 in O.S.No.387 of 2018 passed by the learned Additional Civil Judge(Senior Division) Eluru, subject to deposit of suit amount of Rs.3,12,000/- by the petitioner/appellant in court within one month from the date of notice of order i.e., on 08.08.2024. The revision petitioner herein is the defendant and the respondent herein is the plaintiff in O.S.No.387 of 2018. For the sake of convenience, the parties will be referred to as they are arrayed before the trial Court. 2. The plaintiff filed the suit for eviction of the defendant from the suit schedule property and for delivery of vacate possession of the plaint schedule property and also for payment of Rs.3,12,000/- being the arrears of rent and also for a direction to pay future damages for use and occupation of the plaint schedule property till delivery of possession. After an exhaustive trial, the suit is partly decreed by its decree and judgment dated 3. C.R.P.N0.2719 OF;^ 26.2.2024 directing the defendant to vacate the plaint schedule property and to deliver the vacant possession of the property to the plaintiff within two months from the date of judgment dated 26.2.2024 with a liberty to the plaintiff to avail the remedies available under law in case of any default. Aggrieved by the said decree and judgment, the defendant preferred an appeal in A.S.No.50 of 2024 before the learned II Additional District Judge, West Godavari District, Eluru. Along with the appeal, the defendant also filed I.A.No.2 of 2024 seeking to grant stay of operation of the decree and judgment dated 26.2.2024 passed in O.S.No.387 of 2018. The lower Appellate Court vide its order dated 08.08.2024 allowed the said application granting the stay of operation of the decree and judgment dated 26.2.2024 in O.S.No.387 of 2018 subject to deposit of suit Rs.3,12,000/- payable by the appellant/defendant within month from the date of order i.e., on 08.08.2024. Challenging the said order to the extent of imposing condition of deposit amount of Rs.3,12,000/-. the present Civil Revision Petition to be filed. amount of one suit came 4. Heard the learned counsel for the petitioner and learned counsel for the respondent. 5 VS,J C.R.P.N0.2719 0F2024 Learned counsel for the petitioner submits that the court 5. below ought to have granted stay of operation of decree and judgment without imposing condition of deposit of suit amount. He submits that the conclusion arrived at by the lower appellate court that as the decree and judgment passed by the trail court is partly in favour of the plaintiff and partly in favour of the defendant and to maintain equilibrium/balance, stay is granted for operation of the decree and judgment, is totally erroneous and is not sustainable under law. On the other hand, the learned counsel for the 6. respondent/plaintiff submits that the order under revision is well founded in the circumstances of the case and no error is committed by the lower appellate court while granting stay of operation of the decree and judgment and that the revision is liable to dismissed. The only point that arises for consideration herein is 7. whether the lower appellate Court is justified in ordering deposit of suit amount of Rs.3,12,000/- by the appellant/defendant in court? Order XV-A of the Code of Civil Procedure deals with suits 8. by a lessor/owner for eviction of lessee/tenant. It mandates a T V C.R.P.NO.2719 tenant to deposit arrears of rent during eviction proceedings and it requires the tenant to deposit the undisputed arrears of rent up to written statement and continue to deposit the date of fiiing the future rent as It becomes due. However, this Order also a framework for the court to determine provides and fix a temporary rent arrears, which the defendant must amount if the defendant denies then deposit. In deposit the undisputed a suit for eviction, the tenant (defendant) arrears of rent at the time of filing the must written statement. The main purpose in depositing such rent is to provide some financial support to the landlord during the litigation s continued compliance with their and to ensure that the tenant' obligations. 9. In the case on hand It appears that the lower Appellate Court, as seen from the order under revision, following the principle granted stay of operation of trial Court subject to deposit of as enunciated in Order XVA CPC the decree and judgment of the tri suit amount of Rs.3,12,000/-, which is arrears of rent. The remains that the revision petitioner/defendant i fact IS a lessee of the suit schedule property and he is liable to lessor/plaintiff, but he is said to have Payment of admitted rent. While this pay rents to the committed default in court is In agreement with t-c=> 7 VS,J C.R.P.N0.2719 OF 2024 the conclusion arrived at by the lower appellate Court in granting stay of operation of the decree and judgment of the trial Court, the learned counsel for the revision petitioner requested the court for reduction of deposit of amount from Rs.3,12,000/- to Rs.1,00,000/-. Conceding to the said request, the condition of depositing Rs.3,12,000/- is reduced to deposit of amount of Rs. 1,00,000/-. Accordingly, the Civil Revision Petition is partly allowed and the order dated 08.08.2024 passed in I.A.No.2 of 2024 in A.S.No.50 of 2024 is modified to the extent of deposit of Rs. 1,00,000/- in court instead of Rs.3,12,000/-. The revision petitioner/appellant is directed to pay the said amount of Rs. 1,00,000/- within a period of three (3) weeks from the date of ■i receipt of the .ordqr, failing which, the order of stay granted by the lower appellate Court stands vacated automatically. There shall be no order as to costs. 10. As a sequel thereto, miscellaneous petitions if any shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The II Additional District and Sessions Judge, West Godavari, Eluru. 2. The Addl. Civil Judge (Senior Division), Eluru, West Godavari District. 3. One CC to Sri Venkata Durga Rao Anantha, Advocate [OPUC] 4. One CC to Sri K.K.Rao, Advocate [OPUC] 5. Two CD Copies BSV T HIGH COURT DATED:17/10/2025 \ ORDER CRP NO. 2719 OF 2024 Sf 0 ( NOV 2025 C> Co '^^^>4iii!Tent SectiooX^^ ALLOWING THE CIVIL REVISION PETITIOIN IN PART WITHOUT COSTS