Nalla Veera Venkata Raju ... vs Kondapalli Surya Kumari
2023 Latest Caselaw 1256 AP

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
                                S.A.No. 258 OF 2022
S.No    DATE                                 ORDER                                    OFFICE
                                                                                       NOTE
03.    03.03.23 KSR, J.

I.A.No. 2 OF 2022 The present interlocutory application is filed seeking to modify the judgment dated 04-07-2022 passed by this Court in S.A.No. 258 of 2022.

Heard Sri P.Rajesh Babu, learned counsel appearing for the petitioner-plaintiff, and Sri E.V.V.S.Ravi Kumar, learned counsel appearing for the respondent-defendant.

This Court, by judgment dated 04-07-2022, dismissed the abovementioned second appeal. The operative portion of the judgment is extracted hereunder:

"In that view of the matter, the judgment and decree passed by the trial Court, which was confirmed by the first appellate Court, is modified to the extent of deleting the interest part alone i.e. @ 6% per annum on the arrears amount of Rs.96,000/- is concerned. Further, the appellant/defendant is directed to vacate the premises within a period of nine (9) months from today. During this period, the appellant/defendant is directed to pay monthly rents on or before 10th of every succeeding month regularly. The appellant is further directed to deposit the arrears amount i.e. Rs.96,000/- and costs imposed by the Court below within a period of four weeks from the date of receipt of a copy of this order."

Learned counsel for the petitioner-plaintiff submits that as there is no default clause, he filed the present interlocutory application seeking direction to add default clause.

S.No   DATE                                 ORDER                                  OFFICE
                                                                                    NOTE

As seen from the judgment, except deleting the interest part of 6% p.a. on the arrears of rent amount of Rs.96,000/-, rest of the decree and judgment has been confirmed by this Court. This Court further directed the respondent-defendant to vacate the subject premises within a period of nine months from the date of judgment. If the respondent-defendant fails to comply with the above direction, the petitioner-plaintiff is at liberty to approach the executing Court by filing execution petition.

In view of the same, no further orders are required to be passed in the present interlocutory application and the same is accordingly closed.

________________ K.SURESH REDDY, J.

              JSK



S.No   DATE       ORDER   OFFICE
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