IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI SECOND APPEAL NO :1194 of 2009 Between: Mohd. Khaja .....APPELLANT AND Jugal Kishore Jain .....RESPONDENT The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI SECOND APPEAL NO :1194 of 2009 ORDER: This appeal is directed against the Decree and Judgment dated 6.08.2009 passed in A.S.No.173 of 2008 by the learned III Additional Chief Judge, City Civil Court, Hyderabad, whereby and whereunder, the Decree & Judgment dated 24.04.2008 passed by the learned VIII Junior Civil Judge, City Civil Court, Hyderabad in O.S.No:5459 of 2006 was confirmed. The appellant is the tenant and the respondent is the landlord. Originally, the landlord filed the above suit seeking eviction of the tenant from the schedule premises. The Court below decreed the suit directing the tenant to vacate the schedule premises and hand over vacant possession of the same to the landlord within two months from the date of the decree. Feeling aggrieved by the same, the tenant carried the matter in appeal. The appellate Court dismissed the appeal by confirming the Decree and Judgment of the Court below. Hence, the present appeal has been preferred by the tenant. When this matter is taken up for hearing, the learned Counsel for the respondent-landlord submitted that the tenant had already been evicted from the schedule premises under due process of law and therefore, no cause survives for adjudication of this appeal whereas the learned Counsel for the appellant-tenant submitted that the tenant has not completely vacated the premises and still some of his material is lying in the schedule premises and therefore, six months time may be granted to him to continue in possession of the schedule premises. In the facts and circumstances of the case and in view of the above submission of the learned Counsel for the respondent-landlord, the Second Appeal is dismissed. But, however, in view of the submission of the learned Counsel for the petitioner-tenant, six months time is granted to the petitioner-tenant to vacate the schedule premises, if the possession of the premises was not delivered to the respondent-landlord. ________________________ Justice T. Meena Kumari Dated:04.02.2010 Nn. HONOURABLE SMT. JUSTICE T.MEENAKUMARI SECOND APPEAL No:1194 OF 2009 04.02.2010