The Hon’ble Sri Justice C.V.Nagarjuna Reddy CRP.Nos.4268 of 2013 and 1821 of 2014
Dated 31.07.2014
Between:
Subedhar Mohinder Singh …Petitioner And P.Jeevan …Respondent Counsel for the petitioner: Mr.S.Venkatachalam Counsel for the respondent: Ms.Maamu Vani The Court made the following:
Common Order:
As both these Civil Revision Petitions pertain to common subject matter between the same parties, they are heard and being disposed of together.
Civil Revision Petition No.4268 of 2013 arises out of Order, dated 24-06-2013, in RA.No.6 of 2012 on the file of the Court of the learned Senior Civil Judge, Ranga Reddy District at L.B.Nagar, whereby she has confirmed Order, dated 24-03-2011, in RC.No.1 of 2010, on the file of the Court of the learned Additional Junior Civil Judge, Cyberabad at Malkajgiri.
Civil Revision Petition No.1821 of 2014 is filed against docket Order, dated 20-06-2014, in EP.No.114 of 2012 on the file of the same Court whereby the learned Judge has directed issue of delivery warrant.
The petitioner is the tenant of the respondent, who filed RC.No.1 of 2010 for eviction of the petitioner on two grounds viz., willful default and bona fide requirement. The learned Additional Junior Civil Judge, Cyberabad, has allowed the said case by Order, dated 24-03- 2011, upholding the plea of the respondent. The lower appellate Court has confirmed the said order.
After arguing the case, Mr.S.Venkatachalam, learned Counsel for the petitioner, fairly submitted that in view of the concurrent findings of fact recorded against his client, he may be given reasonable time for vacating the subject premises.
Considering this submission and the fact that the petitioner is at an advanced age, he is permitted to vacate the subject premises on or before 30-11-2014 subject to the condition that within one week from today, he shall file an affidavit before the lower Court unconditionally undertaking to vacate the subject premises and hand over the vacant possession thereof to the respondent on or before 30-11-2014 and that he will continue to pay the rent till then. If the petitioner fails to file the undertaking as directed above and pay the rents, the respondent shall be free to seek execution of the eviction order.
Both the Civil Revision Petitions are, accordingly, disposed of.
As a sequel, interim Order, dated 04-07- 2014, in CRP.No.4268 of 2013 is vacated and CRPMP.Nos.5792 of 2013 and 2578 of 2014 in CRP.Nos.4268 of 2013 and 1821 of 2014 respectively are disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 31st July, 2014 LUR