HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH C.R.P.NO. 5740 OF 2010 Friday, the Twenty Fourth day of December, Two Thousand and Ten Between Sri Danta Srinivas Petitioner AND Smt. Tallavajhula Padmavathi and another Respondents ORAL ORDER: The petitioner suffered a decree in OS No. 796 of 2009 dated 21.10.2009 on the file of the Legal Services Authority, Visakhapatnam, in LSA No. NIL/2009 in OS No. 796 of 2009 on the file of the IV Addl. Senior Civil Judge, Visakhapatnam. The respondents are the plaintiffs who filed the said suit. The matter was disposed of by the Legal Services Authority, Visakhapatnam, passing an award under Sec. 21 of the Legal Services Authorities Act, 1987. As per the terms and conditions of the said award, the petitioner, who is a tenant of the suit schedule property, is entitled to continue till 30.9.2010 and he shall vacate the same on or before 30.9.2010 by delivering vacant peaceful possession in favour of the plaintiffs by removing laboratory equipment, furniture and fittings of his company M/s. Lotus Granges (India) Limited; he shall pay rent at the rate of Rs.12,000/- per month and Rs.400/- per months towards maintenance charges upto 30.9.2010 and if he fails to vacate the said premises by 30.9.2010, he is liable to pay Rs.22,000/- per month towards damages for the use and occupation till he vacates or is evicted there from and the security deposit is liable to be adjusted towards the rent. As the petitioner failed to vacate the said premises, pursuant to the Award, the plaintiff filed EP No. 103 of 2010 in OS No. 796 of 2009 and the IV Addl. Senior Civil Judge, Visakhapatnam, by order dated 6.12.2010 allowed the E.P. and the Court Amin was deputed to deliver the vacant possession of the suit schedule property to the respondents/plaintiff by removing the petitioner herein from the said premises and the warrant was returnable by 27.12.2010. This court while issuing notice before admission, granted interim stay till 19.1.2011 subject to the condition of the petitioner clearing the entire arrears of rents, if any, due upto 30.9.2010 and depositing the amounts @ Rs.22,000/- per month for the months of October, November and December, 2010, by the end of December, 2010. Learned counsel for the petitioner submits that rents @ Rs.22,000/- per month upto December, 2010 have been paid. The respondents filed an application to vacate the said interim order. He further states that as per the Award, the petitioner shall vacate and handover vacant possession of the suit schedule property and as he failed to do so, the said E.P. was filed which was allowed and, therefore, the petitioner is not entitled to remain in possession. However, in the facts and circumstances of the case, as agreed by both the parties, it is just and proper to grant reasonable time to the petitioner to vacate and handover vacant possession of the same. Accordingly, the petitioner is directed to vacate and handover vacant possession of the same by 28.02.2011, subject to the condition of the petitioner filing an affidavit, within two weeks from today, undertaking that he will vacate and handover vacant possession of the said property on or before 28.2.2011 and shall also deposit an amount of Rs.22,000/- per month towards damages for use and occupation of the suit schedule property by 5th of January and February, 2011 respectively, before the IV Addl. Senior Civil Judge at Visakhapatnam, who passed the order dated 6.12.2010 in EP No. 103 of 2010. Failing to vacate and handover the possession of the suit schedule property, the order dated 6.12.2010 in EP No. 103 of 2010 in OS No. 796 of 2009, shall be executed forthwith. The Civil Revision Petition is accordingly disposed of. No order as to costs. ___________________ Justice V.Eswaraiah December 24, 2010 MAS