1 HN, J C.R.P.Nos.1085 and 1123_2020 APHC010274402020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1085/2020 Between: 1. KANAKA PRADEEP RAJU,, S/O.PRAKASH RAJU, AGED 50 YEARS, R/O.D.NO.24-4-10/2, OPP.COLLECTOR OFFICE GATE, KAKINADA, EAST GODAVARI DISTRCT. 2. GUBBALA RAMBABU,, S/O.LAKSHMANA SWAMY, AGED ABOUT 40 YEARS, DOOR.NO.8-5-10/A, VENKATANARAYANA STREET, GANDHINAGAR, KAKIANDA, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. DR CHAGANTI SRINIVAS, S/o.late Tirumala Rao, Aged 65 years, Doctor by Profession, R/o.D.No.8-5-10/A, Venkata Narayana Street, Gandhinagar, Kakinada, East Godavari District. ...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 toto present this Memorandum of Civil Revision Petition to this Hon'ble Court aggrieved by Order and Decree dated 26-02-2020 passed in R.C.A.No. 15 of 2018 on the file of the Court of the Rent Appellate Controller- cum Principal Senior Civil Judge, Kakinada, East. Godavari District confirming the Order and Decree dated 17-07-2018 passed in R.C.C.No. 9 of 2016 on the file of the Court of the Rent Controller-cum-Principal Junior Civil Judge, Kakinada, East Godavari District IA NO: 1 OF 2020 2 HN, J C.R.P.Nos.1085 and 1123_2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay of all further proceedings pursuant to the Order and Decree dated 26-02-2020 passed in R.C.A.No. 15 of 2018 on the file of the Court of the Rent Appellate Controller-cum-Principal Senior Civil Judge, Kakinada, East Godavari District confirming the Order and Decree dated 17-07-2018 passed in R.C.C.No. 9 of 2016 on the file of the Court of the Rent Controller- cum-Principal Junior Civil Judge, Kakinada, East Godavari District including the execution proceedings, pending disposal of C.R.P. and pass Counsel for the Petitioner(S): 1. P DURGA PRASAD Counsel for the Respondent: 1. M INDRANI 3 HN, J C.R.P.Nos.1085 and 1123_2020 APHC010296392020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 1123/2020 Between: 1. J SATYANARAYANA, S/O RAMASWAMY, AGED 62 YEARS, BUSINESS,D.NO. 8-5-10/A, VENKATA NARAYANA STREET, GANDHI NAGAR, KAKINADA. 2. JAMI KRISHNA,, S/O SATYNARAYANA, AGED 36 YEARS, BUSINESS,D.NO. 8-5-10/A, VENKATA NARAYANA STREET,GANDHI NAGAR, KAKINADA. ...PETITIONER(S) AND 1. DR CHAGANTI SRINIVAS, SA) Late Tirumala Rao, Aged 67 years, Doctor by profession, D.No. 8-5-10/A, Venkata Narayana Street, Gandhi Nagar, Kakinada. ...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 toMemorandum of Civil Revision Petition against the judgment and decree dated. 17-07-2018 in R.C.C. 7/2016 on the file of the court of the Rent Control cum Principal Junior Civil Judge, Kakinada, which was confirmed in R.C.A 13/2018 on the file of Rent ControlAppellant authority cum Principal Senior Civil Judge, Kakinada IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased 4 HN, J C.R.P.Nos.1085 and 1123_2020 be pleased to stay all further proceedings including execution proceedings pursuant to the judgment and decree dated: 17-07-2018 in R.C.C. 7/2016 on the file of the court of the Rent Control cum Principal Junior Civil Judge, Kakinada, which was confirmed in R.C.A 13/2018 on the file of Rent Control Appellant authority cum Principal Senior Civil Judge, Kakinada, pending disposal of the C.R.P., in the interest of justice and pass such other Counsel for the Petitioner(S): 1. E V V S RAVI KUMAR Counsel for the Respondent: 1. SAI GANGADHAR CHAMARTY 5 HN, J C.R.P.Nos.1085 and 1123_2020 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NOS: 1085 and 1123 of 2020 COMMON ORDER: 1. The learned counsel appearing for the petitioners submits that the petitioners are aggrieved by the orders passed in Rent Control Appeal No.15 of 2018 and Rent Control Appeal No.13 of 2018 by the Rent Appellate Controller-cum-Principal Senior Civil Judge, Kakinada. The petitioners herein are tenants who had taken the commercial premises on rent on a monthly rental basis from the respondent. 2. It is submitted that the landlord filed RCC No.9 of 2016 and RCC No.7 of 2016 before the House Rent Controller-cum-Principal Junior Civil Judge, Kakinada, seeking the relief of eviction and handing over the possession of the leased premises. The Rent Control Court allowed the RCCs filed by the respondent on 17.07.2018, primarily holding that the respondent had established the bonafide requirement of the said premises for his own use. 3. Aggrieved thereby, the petitioners filed Rent Control Appeal Nos.15 of 2018 and 13 of 2018 before the Appellate Court. The Appellate Court dismissed the appeals vide orders dated 26.02.2020 and 21.03.2020, and confirmed the findings of the Rent Control Court in RCC Nos.9 of 2016 and 7 of 2016 with regard to the bonafide requirements established by the respondent insofar as the use of the scheduled property is concerned. 6 HN, J C.R.P.Nos.1085 and 1123_2020 4. The learned counsel for the petitioners submits that the Appellate Court observed that the Rent Control Court had erred in giving a negative finding with regard to the payment of rents by the petitioners. It is submitted that, when the petitioners were not in default of payment of rents, the Appellate Court ought to have allowed the appeals filed by the appellants. 5. Heard the learned counsel appearing for the petitioners. There is no representation on behalf of the respondents. The order passed by the Rent Control Court-cum-Junior Civil Judge in RCC Nos.9 of 2016 and 7 of 2016 have been perused. The orders are well-considered, and the Court has held that the respondent has established the bonafide requirement of the scheduled property for his personal use. It is also noted that the 1st respondent therein, who had sub-leased the premises to the 2nd respondent therein, did not appear before the Rent Control Court, nor did he choose to contest the proceedings. 6. The Court further held that the respondent, having retired as a doctor from the State of Chhattisgarh, had returned to Kakinada and intended to open a clinic in the scheduled premises after making necessary alterations to the said shops. 7. On these considerations, the bonafide requirement of the respondent for establishing a clinic was duly considered and rightly upheld by the Appellate Court. 7 HN, J C.R.P.Nos.1085 and 1123_2020 8. This Court finds no grounds to interfere with the well-considered and well-reasoned orders passed in RCC Nos.9 of 2016 and 7 of 2016 and RCA Nos.15 of 2018 and 13 of 2018. 9. Since the petitioner in C.R.P.No.1123 of 2020 is the tenant of the other shop in the same premises, which is also part of the scheduled property in RCC No.9 of 2016, and the point for consideration in the present Civil Revision Petition is one and the same, this Court is not inclined to interfere. However, considering the submission of the learned counsel for the petitioners that they have been conducting their business for a considerable period of time, this Court deems it appropriate to grant two months’ time to vacate the premises and hand over possession to the respondent. 10. On these considerations, these Civil Revision Petitions are dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:04.02.2026 NKA 8 HN, J C.R.P.Nos.1085 and 1123_2020 145 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NOS: 1085 and 1123 of 2020 Date: 04.02.2026 NKA