LAWS(CHH)-2023-9-17

RAMCHANDRA RATH Vs. P. REDDEYYA

Decided On September 15, 2023
Ramchandra Rath Appellant
V/S
P. Reddeyya Respondents

JUDGEMENT

(1.) This MCC has been filed by the applicant under Order 39 Rule 2(A) of the C.P.C. for willful disobedience of the order dtd. 8/2/2022 passed by this Court in SA No. 205 of 2021 (P. Reddeyya Vs. Ramchandra Rath) wherein the respondent has given an undertaking that he will vacate the suit premises within six months. Since the respondent has not complied with his undertaking, therefore, the present MCC has been filed. This Court while hearing the Second Appeal No. 205 of 2021 between the parties, has passed the following order on 8/2/2022 :-

(2.) The record of the case would demonstrate that the plaintiff-Ramchandra Rath has filed a civil suit before the learned Civil Judge Class-I, Jagdalpur which was registered as Civil Suit No. 1-A/2005 for vacant possession of the suit property House Sheet No. 35, Plot No. 07/08, Nazul Sheet No. 50A, Plot No. 62 area 900 out of 1800 sq.ft. situated at Rajendra Nagar Ward Purani Bhatti Road Jagdalpur, remaining rent and for mesne profits from defendant- P. Reddeyya.

(3.) For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 1-A/2005 which was filed or vacant possession, remaining rent and for mesne profits.