Manohar Agarwal vs Smt. B.Laxmi,
2021 Latest Caselaw 1777 Tel

       THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM

                               A.S.No. 712 of 2015

JUDGMENT:

This Appeal was filed against the judgment and decree dated

30.06.2015 in O.S.No. 511 of 2009 on the file of the I Additional

District Judge's Court, R.R. District at L.B. Nagar.

Heard learned counsel for the appellant - defendant as well

as learned counsel for the respondents - plaintiffs.

This Court, on 07.06.2021, passed the following order:

" Considering the fact that lease expired as far back as in 2009 itself, and the appellant was successful in dragging the matter without vacating the premises, notwithstanding the persuasive argument of the learned counsel for the appellant, this Court does not see any merit in the matter. However, since the appellant is in occupation of the subject premises and using the same for commercial purposes, on the suggestion being made by this Court, learned Senior counsel for the respondent- landlord would submit that three months' time may be granted to enable the appellant to find an alternative accommodation, if he so desires.

The learned counsel for the appellant submits that if the Court does not find any merit in the Appeal, six months' time may be granted. Considering the prevailing uncertainties in the society on account of COVID- 19 pandemic, six months' time would be reasonable, subject to the appellant filing an unconditional undertaking to vacate the premises within six weeks from today, on payment of arrears within one month and other monthly rental amount on or before 7th of the succeeding month.

Post on 21.06.2021 for filing such an undertaking, in default, the Appeal stands dismissed without further recourse to this Court."

Pursuant to the said order, the learned counsel for the

appellant filed the undertaking dated 20.06.2021 before this Court

which is made part of the record.

In view of the same, the Appeal is dismissed. It is made

clear that if the above-said undertaking is violated, the deponent -

appellant is liable to be prosecuted for contempt of Court. No costs.

Miscellaneous petitions, if any pending, shall stand closed.

____________________________ CHALLA KODANDA RAM, J 22nd June 2021

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