The Senior Regional Manager vs B.Uma Devi
2023 Latest Caselaw 859 AP

                                                                          DEV,J
                                                               S.A.No.50 of 2023

                                    1

                 THE HON'BLE SRI JUSTICE BATTU DEVANAND

                            I.A.No.3 OF 2023
                                 IN/AND
                      SECOND APPEAL NO. 50 of 2023

JUDGMENT:

1. This Second Appeal is filed against the decree and judgment in

A.S.No.1 of 2022 dated 08.11.2022 passed by the I Additional District Judge,

Ananthapuramu, reversing the decree and judgment in O.S.No.728 of 2014

passed by the Additional Senior Civil Judge, Ananthapuramu.

2. The appellant herein is the first defendant and Respondent Nos.1 to

3 are the plaintiffs in the suit proceedings.

3. The facts of the case are that the plaintiffs filed suit in O.S.No.728 of

2014 to direct the Defendant No.1 to vacate the premises mentioned in B-

Schedule and handover vacant possession of the same to the plaintiffs. The

Defendant Nos.1 & 2 filed Written Statements in O.S.No.728 of 2014 and

contested the matter. Having heard both the learned counsel and upon

perusing the material available on record, the trial Court dismissed the suit

on 06.12.2021.

4. Aggrieved by the decree and judgment passed by the Additional

Senior Civil Judge, Anantapuramu in O.S.No.728 of 2014, dated 06.12.2021, DEV,J S.A.No.50 of 2023

the plaintiffs filed A.S.No.01 of 2022 on the file of the I Additional District

Judge, Anantapuramu. The 1st Appellate Court after hearing both the

learned counsel and on appreciation of evidence on record, by its decree

and judgment dated 08.11.2022 in A.S.No.01 of 2022 allowed the appeal

with costs, setting-aside the decree and judgment passed by the Additional

Senior Civil Judge, Anantapuramu in O.S.No.728 of 2014, dated 06.12.2021.

Aggrieved by the judgment and decree dated 08.11.2022 in A.S.No.01 of

2022 passed by the I Additional District Judge, Anantapuramu, the present

Second Appeal is filed.

5. Heard Sri B.V. Krishna Rao, learned counsel for the appellant

herein/1st defendant and Sri K. Srinivas, learned counsel for Respondent

Nos.1 to 3 herein/plaintiffs and perused the record.

6. This Court could not found any valid grounds to interfere into the

decree and judgment passed by the First Appellate Court on merits.

7. The appellant herein filed affidavit in I.A.No.3 of 2023 plaintiff and

submits that he is in possession of the suit schedule property and running

the outlet since the year 1953. The appellant - Corporation had installed

plant, machinery and underground tanks for running the said retail outlet.

He submits that he requires three (03) months time to remove all its plant,

machinery and underground tanks to handover the possession of suit DEV,J S.A.No.50 of 2023

schedule property to the Respondent Nos.1 to 3/plaintiffs, as such he

undertakes to vacate the suit schedule property within three (03) months

and handover the possession to the Respondent Nos.1 to 3/plaintiffs.

8. Considering the submissions of the learned counsel for the appellant

and also placing the undertaking of the appellant in I.A.No.3 of 2023 on

record, this Second Appeal is disposed of, granting three (03) months time

to the appellant herein to vacate and handover the suit schedule property

in O.S.No.728 of 2017 on the file of the Additional Senior Civil Judge,

Ananthapuramu to the Respondent Nos.1 to 3 herein/plaintiffs. The learned

counsel for the appellant further undertook that they will not file any

petition for extension of time.

9. Miscellaneous petitions pending, if any, in this second appeal shall

stand closed.

_____________________ JUSTICE BATTU DEVANAND Dt.14.02.2023 Note: Furnish CC by tomorrow.

(BO) SP