Sri Nadella Raghuram, vs Sri Grandhi Adinarayana Gupta,
2021 Latest Caselaw 3831 AP

            THE HONOURABLE SRI JUSTICE D.RAMESH

            CIVIL REVISION PETITION No.322 of 2021

ORDER:

The present Revision Petition is filed aggrieved by the order

dated 06.01.2021 passed in I.A.No.546/2020 in A.S.No.120/2020 on

the file of the Principal District Judge, Visakhapatnam.

2. The petitioner is the tenant. He filed an appeal against the

decree and judgment dated 06.3.2020 in O.S.No.1591/2014 by the

Principal Senior Civil Judge, Visakhapatnam with the following order:

"In the result, the suit is partly decreed against the first defendant with costs directing him to vacate the schedule property and handover the same to the plaintiff within three months from the date of decree, failing which the plaintiff can have possession of the schedule property by execution of the decree in this case. The suit is dismissed against the second defendant".

3. In the said I.A. filed along with the A.S., the Appellate Court

below has passed the following order:

"In the result, the petition is allowed as follows:

1. there shall be stay of execution of the decree & judgment, dated 06.3.2020 passed in O.S.No.1591/2014 by the Prl. Sr.Civil Judge, Visakhapatnam subject to following conditions:

a. the petitioner/appellant shall deposit the suit costs to the credit of the court below on or before 05.02.2021 and on such deposit, the 1st respondent/land lord/plaintiff is entitled to receive the same.

b. the petitioner/appellant shall clear the arrears of rent, if any, till the date of the decree & judgment passed by the court below at the agreed and admitted rate by 05.02.2021.

c. from the month of decree & judgment, the appellant shall be liable to deposit Rs.20,000/- per month. Arrears till this month shall be deposited before 5th of February 2021 and for further period on or before 5th of every succeeding month during the pendency of the appeal to the credit of the suit before the court below and on such deposit, the 1st respondent/land lord/plaintiff is at liberty to withdraw the same. Working out equities etc., relating to the same shall be subject matter in appropriate proceedings including appeal.

d. the petitioner/appellant shall get ready for the disposal of the appeal soon after receipt of the record and appearance of all parties."

4. At the time of considering this revision, basing on the

observations of the court, the appellant/petitioner has filed a memo

on 15.9.2021. According to the directions of this Court, the petitioner

has paid an amount of Rs.79,625/- by way of a demand draft and he

has also agreed for the following conditions:

"i) That I shall pay rent @ Rs.20,000/- p.m for the schedule property, on or before 5th of every month, till the schedule property is vacated by 31.8.2022.

ii) That I shall vacate the schedule property by 31.8.2022 and handover the schedule property to the 1st respondent/landlord.

5. Learned Counsel Sri M.V.Suresh, appearing on behalf of the

respondents, on instructions, submits that he has received the

demand draft and the same was encashed also. Further he has

submitted that apart from the above two conditions, he insisted for

incorporation of one more condition that if the revision petitioner fails

to pay the agreed rents continuously for a period of three months, he

may be permitted to proceed with the execution petition, which is

pending, for evicting the tenant/petitioner. On instructions of the

client, he further submits that considering the age of the respondents,

though there is due of more than rupees five lakhs, but he insisted for

arrangement of part payment.

6. On perusal of the record and considering the submissions made

by both the counsel, this Court inclined to dispose of this revision

petition basing on the affidavit filed by the petitioner on 15.9.2021. As

per the affidavit, the petitioner has already paid an amount of

Rs.79,625/- by way of a demand draft and accordingly, he has also

agreed for payment of Rs.20,000/- per month and he said that the

same would be deposited on or before 5th of every month. If he fails

to deposit the rent on or before 5th of every month and if he fails to

deposit the same for a period of three months continuously, the

respondents are entitled to proceed with the execution petition, which

is pending, for eviction of the petitioner. Further there shall be a

direction to the petitioner that he should vacate the property by the

end of August, 2022. In view of the above conditions, the petitioner

herein is directed to withdraw the appeal A.S.No.120/2020 forthwith.

7. Accordingly, the Civil Revision Petition is disposed of. There

shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending

in this Writ Petition shall stand closed.

________________ JUSTICE D. RAMESH Date: 29.9.2021 RD

THE HONOURABLE SRI JUSTICE D.RAMESH

CIVIL REVISION PETITION No.322 of 2021

Dated 29.9.2021

Note:

Issue cc in three (03) days B/o RD