HON’BLE SRI JUSTICE A. RAJASHEKER REDDY C.C.C.A.No.113 of 2014 Date: 03-12-2014 Between:
Ch. Meenaiah .. Appellant AND Sania Mirza .. Respondent HON’BLE SRI JUSTICE A. RAJASHEKER REDDY C.C.C.A.No.113 of 2014 ORDER:
This appeal is filed aggrieved by the judgment and decree dated 20-08-2014 passed in O.S.No.439 of 2012 by the Chief Judge, City Civil Court, Hyderabad, decreeing the suit filed for eviction of the defendant therein from the suit schedule property by directing the defendant to vacate the suit schedule premises within two (2) months from the date of judgment.
2. When the appeal is taken up for hearing, learned counsel for the appellant/defendant stated that the appeal itself can be disposed of by granting nine (9) months time to the appellant for vacating the suit schedule premises, for which the learned counsel for the respondent/plaintiff, while agreeing with the disposal of the appeal, stated that maximum period of six (6) months may be granted for vacating the premises by fixing appropriate amount towards damages for use and occupation of suit schedule property during such period and also for a direction to pay arrears of rent as it consists of 8000 SFT in posh locality and fetches Rs.2,50,000/- per month.
3. In view of the facts and circumstances of the case, I deem it proper and appropriate to dispose of the appeal as follows:
1. The appellant/defendant shall vacate the suit schedule premises within a period of eight (8) months from today;
2. The appellant/defendant shall pay arrears of rent, if any, and he shall continue to pay an amount of Rs.1,25,000/- per month on or before 5th of every succeeding month without any default for use and occupation of the suit schedule property.
3. The appellant/defendant shall file an undertaking that he will pay arrears of rent, if any, and also Rs.1,25,000/- per month towards use and occupation of the suit schedule premises and vacate the premises after the period of eight (8) months and he will not create any third party rights in respect of suit schedule premises.
Accordingly, the appeal is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 03-12-2014 Ksn