Appeal against a decree directing delivery of vacant possession. The appeal was allowed based on a separate compromise memo, setting aside the lower court's judgment and dismissing the suit.
Judgment and decree dated 17.01.2007 set aside; suit dismissed without costs; no order as to costs on appeal.
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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
A.S.No.195 of 2007
(Dated: 09-11-2009)
Between:
M.Madan Mohan S/o M.Yellaiah Gupta R/o 16-2-140/4, 1st floor, Dayanad Nagar Hyderabad and another.
…Appellant/defendants
A n d M.Yellaiah Gupta S/o late Maraiah R/o 16-2-140/4, Ground floor, Dayanand Nagar, Malakpet, Hyderabad.
…Respondent/plaintiff
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
A.S.No.195 of 2007
JUDGMENT:
This appeal is directed against the judgment and decree dated 17.01.2007 passed in O.S.No.584 of 2002 on the file of the IV Additional Senior Civil Judge, Fast Track Court, Ranga Reddy District at L.B.Nagar, whereby and whereunder, the learned Additional Senior Civil Judge decreed the suit of the plaintiff and directed the defendants to deliver vacant possession of the suit schedule property within a period of three months from the date of order. The further direction to the defendants is that they have to pay damages at the rate of Rs.10,000/- per month to the plaintiff from the date of the suit till possession is delivered.
2. Defendants 1 and 2 in O.S.No.584 of 2002 are the appellants in this appeal.
3. Pending the appeal, the parties moved A.S.M.P.No.1961 of 2009 to allow the appeal in terms of the memorandum of compromise. The said A.S.M.P.1961 of 2009 is being allowed on this day, by a separate order.
4. In view of the memorandum of compromise, this appeal is allowed setting aside the judgment and decree dated 17.01.2007 passed in
O.S.No.584 of 2002 on the file of the IV Additional Senior Civil Judge, Fast Track Court, Ranga Reddy at L.B.Nagar. Consequently, the suit of the respondent/plaintiff stands dismissed without costs.
5. The appeal is accordingly allowed. No order as to costs.
_____________________________ B.SESHASAYANA REDDY, J
Dt.9-11-2009 RAR
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
A.S.No.195 of 2007
(Dated : 09-11-2009)
M. Madan Mohan S/o M. Yellaiah
M. Yellaiah Gupta S/o late Maraiah
B. Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
