D Srinivas Textiles v. Kishore Kumar Tandle

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY SECOND APPEAL No.1002 OF 2017 JUDGMENT:

This Second Appeal is filed by the defendants assailing the decree and judgment dated 04.08.2017 in A.S.No.42 of 2015 on the file of the Court of the XI Additional Chief Judge, City Civil Court at Hyderabad, wherein and whereby the decree and judgment dated 06.02.2015 in O.S.No.1340 of 2013 on the file of the Court of the VII Senior Civil Judge, City Civil Court, Hyderabad, decreeing the suit in favour of the plaintiffs was confirmed.

2.

Learned counsel for the appellants submitted that the appellants will vacate the suit schedule property within a period of six months from today. To that effect, the appellants will file an affidavit in O.S. No.1340 of 2013 on the file of the Court of the VII Senior Civil Judge, City Civil Court, Hyderabad. 3.

Learned counsel for the respondents submitted that the respondents have no objection to continue the appellants in the suit schedule property for a period of six (6) months from today. 4.

In view of the submission made by the learned counsel for both parties, this Court is not inclined to go into the merits of the main case.

5.

Having regard to the facts and circumstances of the case and also the submission made by the learned counsel for both parties, the appellants are directed to file an affidavit in O.S.No.1340 of 2013 on the file of the Court of the VII Senior Civil Judge, City Civil

Court, Hyderabad, stating that they will vacate the suit schedule property within a period of six (6) months from today. 6.

With the above direction, the Second Appeal is disposed of at the stage of admission. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Second Appeal shall stand closed.

_________________________ T. SUNIL CHOWDARY, J Date: 09.11.2017 Ivd