Telangana High Court

SA/1246/2009 of M/s.Bombay Halwa House Vs Borrugu Surya Prakash Rao on 31 December 2009

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JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI SECOND APPEAL NO. 1246 OF 2009 Friday, the thirty first day of December, Two Thousand and Nine Between M/s. Bombay Halwa House, Rep.by its Partner Sri Jai Kunar Pamnani Appellant AND Borrugu Surya Prakash Rao and others

HIGH COURT OF JUDICATURE OF ANDHRAPRADESH

THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI

SECOND APPEAL NO. 1246 OF 2009

Friday, the thirty first day of December,Two Thousand and Nine Between M/s. Bombay Halwa House,Rep.by its Partner Sri Jai Kunar Pamnani

AND

Appellant

Borrugu Surya Prakash Rao and others

Respondents

THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI

SECOND APPEAL NO. 1246 OF 2009

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ORAL ORDER:

This Second Appeal is filed assailing the judgmentand decree dated 28.10.2009 passed by the learned IAddl. Chief Judge, City Civil Court, Secunderabad, in A.S. No. 232 of 2007whereby the learned Judge dismissed the appealconfirming the judgment and decree dated 26.10.2007passed by the learned III Senior Civil Judge, City CivilCourt, Secunderabad, in O.S. No. 545 of 2001 grantingtwo months time to the tenant – appellant herein to handover the vacant physical possession of the suitschedule premises bearing Municipal No.1-10-1/3,situated at Begumpet, Hyderabad.

When this Second Appeal is taken up for hearing,learned counsel for the appellant submitted that theappellant had filed an affidavit undertaking to vacate thesuit schedule premises on or before 31.12.2011 andhandover vacant and peaceful physical possessionthereof to the respondents herein.

Therefore, in view of the said undertaking affidavitsworn to by the appellant, who is the tenant of therespondents herein, time upto 31.03.2011 is granted tothe appellant to vacate the suit schedule property. TheSecond Appeal is accordingly disposed of. No order as tocost.

December 31, 2009MAS

____________________Justice T. Meena Kumari

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