Learned Counsel On Both Sides Are vs Unknown
2023 Latest Caselaw 3942 AP

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

      MAIN CASE No.: I.A.No.01 of 2023 in Appeal Suit No.184 of 2014

                              PROCEEDING SHEET

S.
No      DATE                             ORDER


23.   31.08.2023 TMR, J

                       I.A.No.01 of 2023 in A.S.No.184 of 2014

                         Learned   counsel       on    both   sides   are
                 present.
                         Heard both sides. Perused the record.

                 02.     This is an application filed under Section

                 151 C.P.C. seeking to modify the earlier Order

                 directing to give an undertaking within one

                 month      from   the    date    of     Judgment     ie.,

                 13.07.2023 that she would vacate the premises

                 on or before the expiry of three months from the

                 date of judgment and thereby extend the time

                 granted till end of financial year ie., 31st March,

                 2024.


                 03.     Learned counsel for Respondent No.3

filed counter and submitted that his mother is

aged about 85 years suffering with old-age

health ailments and getting treatment at Manipal Hospital, Vijayawada and his two

brothers are jobless and he is doing private job.

04. It is brought to the notice of this Court

that the petitioner failed to give undertaking

affidavit before the trial Court within one month

as stipulated by the Court.

05. However, learned counsel for the

petitioner placed copy of undertaking affidavit

said to be filed before the trial Court. Though,

the petitioner has not complied with the Order

passed by this Court within the time stipulated.

In the mean while execution proceedings

initiated by the D.Hr. It is the submission of the

petitioner that time may be extended to stay in

the said premises until 31st March, 2024 failing

which he may have to incur huge financial loss.

06. This Court after considering the entire

material on record and previous litigation

deems it fit to grant three months time to vacate

from the premises. The other grounds stated by

the petitioner regarding the fixation of his daughter's marriage and his mother-in-law was

expired, in the opinion of this Court are not

tenable grounds.

07. After considering the material on record,

this Court is not inclined to extend further time.

In the mean time the respondent is directed not

to proceed with the execution proceedings till

expiry of three months from the date of

judgment ie., 13.07.2023 and accordingly this

petition is disposed of.

_________ TMR, J KLNS