Mr. Shaik Ibrahim vs K. Padmavathi
2023 Latest Caselaw 295 Tel

     THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU

           SECOND APPEAL No.446 OF 2022


ORDER :

This Second Appeal has been preferred by the

appellant who is the defendant in O.S.No.525 of 2016 on

the file of XX Junior Civil Judge, City Civil Court,

Hyderabad, being aggrieved by the judgment of the lower

appellate Court in A.S.No.139 of 2018 by which the

appellate Court confirmed the judgment of the trial Court

in O.S.No.525 of 2016 dated 27.06.2018 where under the

trial Court directed the appellant herein to vacate the suit

schedule property and deliver the vacant possession within

(30) days from the date of judgment by ordering separate

enquiry to decide the mesne profits as per Order XX Rule

12 CPC.

2. When the Second Appeal has been taken up for

hearing about substantial question of law that involved to

entertain the Second Appeal, there was a proposal by

learned counsel for the appellant stating that the schedule

property is old mulgi bearing No.3-6-355/A/6 at Chandra

S.A.No.446 of 2022

Nagar, Basheerbagh, Hyderabad. The appellant herein

having obtained the said premises from the

respondents/plaintiffs way back in 1990 was in possession

of the property by conducting pan shop and the extent of

the shop is only 12 sq.yards. In view of the concurrent

judgment of the trial Court as well as lower appellate Court

the appellant is ready to vacate the premises, but he needs

some time. The lower appellate Court granted only (30)

days time for vacating the premises and the appellant is

ready to vacate the premises, if sufficient time is allowed so

that he can search for other suitable premises.

3. Learned counsel for the respondents/plaintiffs fairly

accepted the proposal having obtained instructions from

the client and agreed for the proposal of learned counsel

for the appellant. However, learned counsel for the

respondents/plaintiffs has submitted that there should be

a direction to the appellant herein for prompt payment of

rent till he vacate the premises and the date may be fixed

for such vacation. Having considered the representation of

both counsel and in the interest of parties to the appeal

S.A.No.446 of 2022

without going into the merits and without verifying whether

there is substantial question of law, this appeal has been

disposed of in the following terms:

The appellant/defendant shall vacate the premises

within (6) months from the date of this Order without fail.

He shall continue to pay agreed rent on or before 05th of

subsequent month without fail. In case of failure of such

payment by the appellant/defendant, the landlord i.e.,

respondents/plaintiffs are entitled to proceed against the

appellant based on the judgment of the trial Court which is

confirmed by lower appellate Court. Accordingly, this

appeal is disposed of.

4. In the result, this appeal is disposed of. However,

there shall be no order as to costs.

As a sequel, pending Miscellaneous Applications, if

any, shall stand closed.

___________________________________ JUSTICE SAMBASIVA RAO NAIDU Date:23.01.2023 Pssk