The respondent had filed O.S.No.1152 of 2019 in the Court of the learned Additional Junior Civil Judge, Vijayawada for recovery of rent and eviction of the petitioner from the suit schedule premises. In the course of the trial, the respondent had filed an application under Order 15(a) of CPC for deposit of arrears of rent. As the petitioner did not deposit the rent even after the order was passed by the trial Court, the defence of the petitioner was struck of and the suit was allowed by way of decree and judgment, dated 22.04.2021. After the decree had been passed, the respondent had filed E.P.No.138 of 2021 for eviction of the petitioner and for recovery of arrears of rent as per the decree and judgment, dated 22.04.2021. In the course of the said execution petition proceedings, the petitioner appears to have filed a memo, dated 16.08.2021, seeking time to vacate the premises by the 1st week of September, 2021 and seeking further time for clearing the arrears of rent. This memo was recorded by the executing Court. Thereafter, the executing Court by an order, dated 06.09.2021, had directed delivery of the suit schedule property to the respondent.
