HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AS.No.330 of 2014 Date:10.07.2014 Between:
Union Bank of India, Vijayawada, Reptd by its Regional Manager/Authorised Officer.
And:
Kosaraju Vijay Babu, S/o Satyanarayana ……Appellant ..…Respondent Counsel for the appellant: Sri P.A.V.Bala Prasad Counsel for the respondent: Sri Ambadipudi Satyanarayana The Court made the following:
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AS.No.330 of 2014
JUDGMENT:
This Appeal arises out of the judgment and decree, dated 30.03.2013 in O.S.No.103 of 2012 on the file of the learned I Additional Senior Civil Judge, Vijayawada.
The respondent filed the above-mentioned suit for eviction of the appellant and recovery of future damages at the rate of Rs.60,000/- per month from 01.12.2011 till the appellant vacates the plaint schedule property. The lower Court has partly decreed the suit, whereby it has ordered eviction of the appellant, by directing that it shall deliver vacant possession of the plaint schedule property to the respondent within two months, with liberty to the respondent to recover vacant possession of the plaint schedule property in default of the appellant vacating the plaint schedule premises within the stipulated time and it has also directed the appellant to pay a sum of Rs.30,000/- per month to the respondent from 01.12.2011 till the date of decree with subsequent interest at the rate of 6% per annum till the date of realization. The lower Court has also awarded costs of Rs.9,716/- to the respondent.
When ASMP.No.2414 of 2013 came up before this Court on 27.06.2014, this Court prima facie felt that the appellant has no case on merits. Sri P.A.V.Bala Prasad, learned counsel for the appellant, requested for a short adjournment for getting instructions from his client on the time required for it to vacate the plaint schedule premises.
Today, at the hearing, learned counsel for the appellant, on instructions from his client, submitted that the appellant is willing to vacate the plaint schedule premises on expiry of eight months from today as, it requires that much time to secure an alternative accommodation and make it ready for the bank to be functional. He has also submitted that his client will pay the arrears of rent at the rate of Rs.30,000/- per month, as fixed by the lower Court, within four weeks from today and will continue to pay the rent at the rate of Rs.30,000/- per month till the plaint schedule premises is vacated.
Sri Ambadipudi Satyanarayana, the learned counsel for the respondent, has fairly accepted these proposals.
The above-noted undertaking of the learned counsel for the appellant is placed on record and the appeal is, accordingly, disposed of in the following terms:
(1) The appellant shall vacate the plaint schedule premises and deliver vacant possession thereof to the respondent on expiry of eight months from today;
(2) the appellant shall pay the arrears of rent at the rate of Rs.30,000/- per month, as per the decree passed by the lower Court, within a period of four weeks from today; and
(3) the appellant shall continue to pay the rent at the rate of Rs.30,000/- per month till delivery of vacant possession by it to the respondent.
As a sequel to disposal of the appeal, ASMP.2650 of 2013 stands disposed of.
10th July, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY