SUCHITH KUMAR Vs. ANASUYA (SINCE DEAD)

JUDGEMENT

(1.) The present petitioner who is the tenant under the respondents filed the present writ petition against the order dated 17.09.2018 on I.A.No.2 in R.A.No.70/2018 allowing the application in part and staying the execution and operation of the judgment and decree dated 08.02.2018 made in O.S.No.732/2014 on the file of III Additional Civil Judge and JMFC, subject to condition that the appellant shall deposit 50% of the arrears amount towards rental and damages as per order passed by the trial Court.

(2.) The respondents who were the plaintiffs before the trial Court filed suit in O.S.No.732/2014 for recovery of vacant possession of schedule property against the present petitioner who is the tenant. After contest, the suit came to be decreed on 08.02.2018 in part and directed the present petitioner-defendant to vacate and deliver the schedule property to the plaintiff within three months from the date of the order and also directed to pay arrears of rent of Rs.4,800/- p.m. from 01.11.2011 to 30.09.2014 and further directed to pay damages at the rate of Rs.4,800/- p.m., to the plaintiff from 30.10.2014 till the defendant vacate and hand over the vacant possession of the schedule property.

(3.) Aggrieved by the said judgment and decree, the present petitioner filed appeal in R.A.No.70/2018 before the Principal Civil Judge (Sr.Dn.) at Shivamogga and there was delay in filing the appeal. An application was came to be filed for condonation of delay. The trial Court considering the application-I.A.No.1 condoned the delay of 20 days in filing the appeal and allowed I.A.No.2 in part staying the operation of the judgment and decree passed by the trial Court in O.S.No.732/2014 subject to condition that the appellant-tenant shall deposit 50% of arrears of amount towards rental and damages as per the order of trial Court. Hence, the present writ petition is filed.