Deesetti Srinivasa Rao vs Kavala Karunakar
2021 Latest Caselaw 287 AP

             THE HON'BLE SRI JUSTICE B.KRISHNA MOHAN


                    SECOND APPEAL No.84 OF 2020


JUDGMENT :

This Second Appeal is filed against the Judgment and Decree in

A.S.No.84 of 2018 on the file of the Principal District Judge,

Vizianagaram, dated 18.10.2019 confirming the Judgment and Decree in

O.S.No.198 of 2012 on the file of the Principal Junior Civil Judge,

Vizianagaram, dated 12.07.2018.

2. The plaintiffs filed a suit against the defendant to vacate and

handover the possession of the plaint schedule property and payment of

damages @ Rs.20,000/- per month along with interest till realization at

the rate of 18% per annum. Considering the case on merits, the trial

Court decreed the suit with costs, directing the defendant to vacate

and handover the suit schedule premises to the plaintiffs within one

month from the date of Decree and the defendant was also directed to

pay a sum of Rs.20,000/- per month to the plaintiffs for unauthorized

use and occupation of the suit schedule property from 01.02.2010 by

consequently directing the plaintiff to refund the advance amount of

Rs.1,00,000/- to the defendant within one month from the date of

decree passed by the trial Court.

3. Aggrieved by the same, the tenant/defendant preferred

A.S.No.84 of 2018 on the file of the Principal District Judge,

Vizianagaram. Upon consideration of the case on merits, the lower

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appellate Court also dismissed the appeal, confirming the Judgment of

the trial Court. Against which the defendant/tenant came in Second

Appeal before this Court.

4. At the time of arguments, it is submitted by the learned counsel

for the appellant that the suit schedule property was already vacated,

complying the judgments of the Courts below in a substantial manner.

5. In view of the same, nothing survives in this Second Appeal and

the appellant does not also establish any substantial ground for the

indulgence of this Court.

6. Accordingly, the Second Appeal is dismissed, as no costs.

As a sequel, miscellaneous petitions, if any pending in the Second

Appeal, shall stand closed.

_________________________ JUSTICE B. KRISHNA MOHAN

Date: 21-01-2021 Yvk