Citation : 2021 Latest Caselaw 333 AP
Judgement Date : 22 January, 2021
HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
SECOND APPEAL No.8 of 2021
JUDGMENT:
This Second Appeal is filed against the Judgment and
decree of the learned Senior Civil Judge, Razole in A.S.No.62 of
2019 dated 01.12.2020, confirming the Judgment and Decree of
the learned Junior Civil Judge-cum-Judicial Magistrate of First
Class, Razole in O.S.No.181 of 2017 dated 07.08.2019.
The appellant herein is the appellant before the lower
appellate Court and the defendant in the suit before the trial
Court. The respondent herein is the respondent in the lower
appellate Court and the plaintiff in the suit. The suit is filed for
eviction of the defendant from the suit schedule property and
the same was considered on merits by the Trial Court and the
suit was decreed directing the defendant to vacate the suit
schedule property within three(3) months vide Judgment dated
07.08.2019. Aggrieved by the same, the defendant went in
appeal in A.S.No.62 of 2019 on the file of Senior Civil Judge,
Razole and the lower appellate Court by considering the same
on merits confirmed the Judgment of the Trial Court vide its
Judgment dated 01.12.2020. Now the defendant came in
Second Appeal before this Court assailing the Judgments of the
Courts below by making certain grounds.
Upon perusal of the lower Court Judgments and the
material available on record, this Court finds that there is no
merit in the Second Appeal as the appellant could not establish
any substantial question of law to entertain this appeal.
However, since it is a matter of eviction of the
defendant/appellant herein the appellant is directed to vacate
the suit schedule premises within a period of three(3) months
from today by handing over the vacant possession of the suit
schedule property to the respondent unconditionally.
Accordingly, the Second Appeal is dismissed. No costs.
Consequently miscellaneous applications pending, if any,
shall also stand closed.
________________________ B. KRISHNA MOHAN, J
Date: 22-01-2021 TM
HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
Second Appeal No.8 of 2021
Dated: 22.01.2021
TM
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