DEV,J
S.A.No.50 of 2023
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
I.A.No.3 OF 2023
IN/AND
SECOND APPEAL NO. 50 of 2023
JUDGMENT:
1. This Second Appeal is filed against the decree and judgment in A.S.No.1 of 2022 dated 08.11.2022 passed by the I Additional District Judge, Ananthapuramu, reversing the decree and judgment in O.S.No.728 of 2014 passed by the Additional Senior Civil Judge, Ananthapuramu.
2. The appellant herein is the first defendant and Respondent Nos.1 to 3 are the plaintiffs in the suit proceedings.
3. The facts of the case are that the plaintiffs filed suit in O.S.No.728 of 2014 to direct the Defendant No.1 to vacate the premises mentioned in B- Schedule and handover vacant possession of the same to the plaintiffs. The Defendant Nos.1 & 2 filed Written Statements in O.S.No.728 of 2014 and contested the matter. Having heard both the learned counsel and upon perusing the material available on record, the trial Court dismissed the suit on 06.12.2021.
4. Aggrieved by the decree and judgment passed by the Additional Senior Civil Judge, Anantapuramu in O.S.No.728 of 2014, dated 06.12.2021, DEV,J S.A.No.50 of 2023 2 the plaintiffs filed A.S.No.01 of 2022 on the file of the I Additional District Judge, Anantapuramu. The 1st Appellate Court after hearing both the learned counsel and on appreciation of evidence on record, by its decree and judgment dated 08.11.2022 in A.S.No.01 of 2022 allowed the appeal with costs, setting-aside the decree and judgment passed by the Additional Senior Civil Judge, Anantapuramu in O.S.No.728 of 2014, dated 06.12.2021. Aggrieved by the judgment and decree dated 08.11.2022 in A.S.No.01 of 2022 passed by the I Additional District Judge, Anantapuramu, the present Second Appeal is filed.
5. Heard Sri B.V. Krishna Rao, learned counsel for the appellant herein/1st defendant and Sri K. Srinivas, learned counsel for Respondent Nos.1 to 3 herein/plaintiffs and perused the record.
6. This Court could not found any valid grounds to interfere into the decree and judgment passed by the First Appellate Court on merits.
7. The appellant herein filed affidavit in I.A.No.3 of 2023 plaintiff and submits that he is in possession of the suit schedule property and running the outlet since the year 1953. The appellant - Corporation had installed plant, machinery and underground tanks for running the said retail outlet. He submits that he requires three (03) months time to remove all its plant, machinery and underground tanks to handover the possession of suit DEV,J S.A.No.50 of 2023 3 schedule property to the Respondent Nos.1 to 3/plaintiffs, as such he undertakes to vacate the suit schedule property within three (03) months and handover the possession to the Respondent Nos.1 to 3/plaintiffs.
8. Considering the submissions of the learned counsel for the appellant and also placing the undertaking of the appellant in I.A.No.3 of 2023 on record, this Second Appeal is disposed of, granting three (03) months time to the appellant herein to vacate and handover the suit schedule property in O.S.No.728 of 2017 on the file of the Additional Senior Civil Judge, Ananthapuramu to the Respondent Nos.1 to 3 herein/plaintiffs. The learned counsel for the appellant further undertook that they will not file any petition for extension of time.
9. Miscellaneous petitions pending, if any, in this second appeal shall stand closed.
_____________________ JUSTICE BATTU DEVANAND Dt.14.02.2023 Note: Furnish CC by tomorrow.
(BO) SP