Janatha Shoe Mart v. Pallempati Seethamma ( Died)

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.4936 of 2015 Dated 04.12.2015 Between:

Janatha Shoe Mart rep. by its Proprietor Avula Raghuramaiah ... Petitioner and Pallempati Seethamma (died) and 3 others

...Respondents

Counsel for the petitioner: Mr.K.Jayasree Counsel for respondent No.2: Mr.A.Venugopal Reddy for Mr.P.R.Prasad The Court made the following:

O r d e r :

This Civil Revision Petition arises out of Order, dated 21.07.2015, in RCA.No.12 of 2012, on the file of the Court of the learned Appellate Rent Controllercum-Principal Senior Civil Judge, Tenali, whereby it has confirmed Order, dated 11.10.2012, in RCC.No.17 of 2000, on the file of the Court of the learned Rent Controller-cum-Principal Junior Civil

Judge, Tenali.

By Order, dated 11-10-2012, in RCC.No.17 of 2000, the Rent Controller has ordered eviction of the petitioner. The said order was confirmed by the appellate Rent Controller-cum-Principal Senior Civil Judge in RCA.No.12 of 2012.

When this case came up for hearing on 20-112015, this Court expressed its disinclination to interfere with the concurrent findings rendered by the Courts below and adjourned the case to 26-11-2015 to enable the learned Counsel for the petitioner to get instructions as to whether his client is willing to file an affidavit undertaking to vacate the schedule premises within the time permitted by this Court. On 26-11-2015, the case was again adjourned at the request of the learned Counsel for the petitioner for filing an affidavit.

Mr.Avula Raghuramaiah, the Proprietor of the petitioner, filed an affidavit sworn to on 27-11-2015 wherein he has given an unconditional undertaking that if he is permitted to continue in possession of the schedule premises till 30-04-2016, he will hand over vacant possession of the same to respondent

No.2.

In the light of the aforesaid affidavit, which is placed on record, the Civil Revision Petition is dismissed by confirming the orders of the Courts below and with the direction to the petitioner to hand over vacant possession of the schedule premises to respondent No.2 without any demur on 30-04-2016, failing which, respondent No.2 shall be free to initiate contempt proceedings before this Court for violation of the undertaking.

As a sequel to dismissal of the Civil Revision Petition, CRPMP.No.6494 of 2015, filed by the petitioner for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) Dt: 4th December, 2015 LUR