P Amarendra Reddy Died vs C Pratap Reddy Died
2021 Latest Caselaw 1088 AP

      HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

                 SECOND APPEAL No.30 of 2021


JUDGMENT:

The Second Appeal arises against the Judgment and

decree in A.S.No.21 of 2016 on the file of IV Additional District

Judge, Kurnool dated 07.09.2020 reversing the Judgment and

decree in O.S.No.250 of 2006 on the file of Additional Senior

Civil Judge, Kurnool, dated 20.02.2016.

The appellants herein are the respondents in the lower

appellate Court and the defendants in the suit. The respondents

herein are the appellants in the lower appellate Court and the

plaintiffs in the suit.

The plaintiff initiated action in O.S.No.250 of 2006 on the

file of Additional Senior Civil Judge, Kurnool seeking eviction of

the defendants from the suit schedule premises and for recovery

of arrears of rents with costs. Upon contesting of the matter, the

suit was dismissed vide its Judgment dated 20.02.2016.

Aggrieved by the same the plaintiffs preferred an appeal in

A.S.No.21 of 2016 on the file of IV Additional District Judge,

Kurnool and considering the case on merits, the lower appellate

Court allowed the appeal by reversing the decree and Judgment

of the Trial Court and the defendants are directed to vacate the

suit schedule property within two(2) months from the date of

Judgment and shall also pay damages at the rate of Rs.3,600/-

per month from 31.03.2006 till the date of eviction vide its

Judgment dated 07.09.2020. Assailing the same, the defendants

preferred this Second Appeal raising certain grounds as

substantial questions of law.

Upon perusal of the lower Courts' Judgments and decrees

and the material available on record, this Court finds that there

is no substantial question of law for entertaining this Second

Appeal.

Accordingly, the Second Appeal is dismissed.

However, the appellants are directed to vacate the suit

schedule property within six(6) months from today by clearing

all the dues as per the decree of the lower appellate Court and

they shall continue to pay the damages as per the Judgment

and decree of the lower appellate Court showing the compliance

of the order of this Court and the Judgment of the lower

appellate court. With regard to payment of arrears of rent and

payment of future rents, they shall file an affidavit before the

executives Court to that effect. No order as to costs.

Consequently miscellaneous applications pending, if any,

shall also stand closed.

________________________ B. KRISHNA MOHAN, J 23.02.2021 Note:- Issue C.C by 3 days.

TM

HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

Second Appeal No.30 of 2021

Dated: 23.02.2021

TM