Disposed

C Srinivasa Rao, Guntur Dist v. Ilapavuluri Lakshmi, Guntur Dist and 1 Other

Andhra Pradesh HC11 Jan 2024CRP/6514/2016

Case brief

AI extract

What is this about?

A landlord-tenant civil revision petition over eviction orders was disposed of by compromise: the tenant agreed to vacate the scheduled premises by 30.09.2024, with rent concessions and mutual withdrawal of claims.

What did the court decide?

CRP disposed of in terms of the compromise recorded in I.A.No.1 of 2024; tenant to vacate by 30.09.2024; interim stay vacated.

C Srinivasa Rao, Guntur Dist Vs Ilapavuluri… — Landlord and Tenant | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE BANDARU SYAMSUNDER

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CIVIL REVISION PETITION NO: 6514 OF 2016

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Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the Hon’ble High Court may be pleased to pass an order revising the orders dated 29-11-2016 passed in R.C.A.No.22 of 2015 The Rent Control Appellate Authority-Cum-PrI^SeniorCivil Judge; Guntur and also the orders of Rent Controller, Guntur passed in R C C 11/2013 dated 17-11-2014.

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Between:

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Challagundia Srinivasa Rao, S/o Late DhanaLakshamaiah, Hindu, Occ Bussiness, Aged About 45 yrs, Hyma Medical Stores, R/o D.No 9-1-6/6 Station Road, Railpet, Guntur.

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...Petitioner/Appellant

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Mapavuluri Adiseshaiah, S/o SubbaRao, Hindu, Aged About 63 yrs R/o D.No.9-9-40, PrathapagiriVaari Street, Railpet, Guntur.

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...Respondents

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Hon'ble High Court may be pleased to pass a decree in terms of the compromise as incorporated in the joint memo annexed to this petition.

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CRPMP. NO: 8542 OF 2016

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Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the Hon'ble High Court may be pleased to pass an order staying all further proceedings in R.C.C.11/2013 on the file of Rent Controller-cum-PrI Junior Civil Judge Guntur and R.C.A.NO. 22/2015 on the file of Rent Control Appellate Authority Guntur pending disposal of the CRP filed by the petitioner.

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CRPMP. NO: 1570 OF 2017

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Between:

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D.No.9-9-40,llapavuluri Adiseshaiah,PrathapagiriS/oVaariSubbaRao,Street, Railpet,Hindu, AgedGuntur.About 63 yrs ’ R/o ... Petitioner / Respondent Snnivasa Rao, S/o Late Dhana Lakshamaiah, Hindu, Aged About 45 yrs Occ: Bussiness, Hyma Medical Stores, R/o D.No 9-1-6/6 Station Road, Railpet, Guntur.

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... Respondent / Petitioner

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Hon'ble High Court may be pleased granted in CRPMP No.8542/2016 in CRP No.6514/2016 dated 13.12.2016 as extended on 05.01.2017.

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Counsel for the Petitioner: Sri. Grandhi Gopala Krishna Murthy

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Counsel for the Respondents: Sri. Virupaksha Dattatreya^Gouda

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The Court made the following:

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BSS,J C.R.P.No.6514 of 2016

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HON'BLE SRI JUSTICE BANDARU SYAMSUNDER

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C.R.P.No.6514 of 2016

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ORDER:

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The learned Counsel for the revision petitioner/tenant Mr.Grandhi Gopala Krishna Murthy, represented the case.^The learned Counsel Mr.Vivekananda, represented on behalf of Mr.Virupaksha Dattatreya Gouda, learned Counsel for the respondent/landlord. The revision petitioner/tenant and the respondent/landlord are also present.

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The petition in I.A.No.l of 2024 filed by the revision petitioner/tenant and respondent/landlord accompanying by their affidavit along with joint memo, with terms of compromise. The terms of compromise entered between^both parties explained to them in Telugu, which they admitted^tobe true and correct. The terms of compromise entered between the parties are as follows:1) The petitioner-tenant shall vacate the premises described in the petition schedule in RCC No. 11 of^2013onor before 30.09.2024 by delivering open, peaceful and vacate possession of the premises to the respondent-landlord^orhis nominee/representatives, failing which the . respondentlandlord shall be entitled to get possession of the^schedule

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BSS,J C.R.P.No.6514 of 2016

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premises through the process of the Court by executing^the decree passed in these proceedings and any other appropriate proceedings available to the respondent-landlord.

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The petitioner-tenant has filed challans showing payment of rent till 31.03.2024.

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Since there is a dispute regarding the payment of rent from February, 2011 to November, 2012 and since the landlord has received some amount towards advance, both parties are withdrawing their respective contentions^and in view of the same, it is agreed by both parties that^thetenant need not pay rent from 01.04.2024 to 30.09.2024.

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The respondent-landlord shall be entitled to withdraw the rents deposited by the Revision Petitioner-tenant from the Court of Rent Controller/Appellate Authority as the case may be.

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In view of the compromise between the parties, no adjudication is required in CRP No. 8 of 2017 and the same will be withdrawn as infructuous. 6) In view of the above terms, both parties pray to pass orders according to the above terms in CRP No. 6514 of 2016. 7) Both parties do bear their own costs of the proceedings. 3. As the petitioner/tenant has agreed that plaint schedule premises is required for the respondent/landlord for his personal occupation which held by the Rent Controller, and

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BSS,J C.R.P.No.6514 of 2016

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confirmed by the Appellate Authority, this Court also^confirmed

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the same in the Revision.

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The Civil Revision Petition is disposed of in terms of compromise entered between the parties. No order as^tocosts. Consequently, miscellaneous petitions if any, shall stand

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closed. Interim Stay if any, granted shall stand vacated.

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SDI- N NAGAMMA ASSISTANT REGISTRAR

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To,

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//TRUE COPY// c (fSECTION OFFICER 1

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The Rent Crontrol Appellate Authority-Cum-Principal Senior Civil Judge, Guntur, Guntur District.

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One CC to Sri. Grandhi Gopala Krishna Murthy, Advocate [OPUC] 3. One CC to Sri. Virupaksha Dattatreya Gouda, Advocate [OPUC] 4. Three CD Copies

SGM

vna

H ",

HIGH COURT

DATED: 12/01/2024

ORDER

CRP.No.6514 of 2016

C copfes 2--7fzl24D5I-

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DISPOSING OF THE CIVIL REVISION PETITION

C Srinivasa Rao, Guntur Dist v. Ilapavuluri Lakshmi, Guntur Dist and 1 Other

Case brief

What is this about?

What did the court decide?

C Srinivasa Rao, Guntur Dist v. Ilapavuluri Lakshmi, Guntur Dist and 1 Other

Case brief

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What did the court decide?

What the court decided

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