IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
SECOND APPEAL No.12 OF 2026
DATE: 28.04.2026
Between:
Mr. Gulam Ali Dasthi.
...Petitioner
AND
Smt. Haleemunnisa Begum.
…Respondent
ORDER
Heard Sri B.Vamshidhar Reddy, learned counsel for the appellant and Mr. P.C.Yadav, learned counsel for the respondent.
2. When the matter is taken up for hearing, learned counsel for the appellant submits that he has filed an undertaking affidavit on 25.04.2026 undertaking the the following conditions unconditionally:
(a) I undertake to voluntarily vacate and hand over peaceful and vacant possession of the suit schedule property being Mulgi No.3-6-290/12, situated at Hyderguda, Hyderabad, to the Respondent/Plaintiff on or before 31st December 2026. The period of eight (8) months for vacation shall commence from 1st May 2026 and I shall vacate and deliver possession no later than 31st December 2026.
(b) I undertake to pay a sum of Rs.22,000/- (Rupees Twenty-Two Thousand only) per month towards rent for the suit schedule property during the said period commencing from 1st May 2026 and continuing until the date of actual vacation and delivery of possession, i.e.. on or before 31st December 2026.
(c) That in view of the undertaking both the parties will not have any claim including that of any past enhancement of rents or arrears of enhanced rents for any period prior to this undertaking, and the same shall stand waived and settled.
(d) With respect to the arrears of rent for the three (3) months for which the Respondent/Plaintiff has refused to receive the money orders sent by me. I undertake to collect the said money orders from the Post Office and transfer the entire amount thereof into the Bank Account of the Respondent/Plaintiff on or before 29.04.2026.
e) I further undertake that save and except for the aforesaid three (3) months, for which money orders were refused by the Respondent/Plaintiff, I am not due or in arrears of any other rents whatsoever in respect of the suit schedule property.
(f) I solemnly undertake that the aforesaid terms are given by me voluntarily, in good faith and without any coercion or undue influence, and I shall abide by the same strictly.
3. Learned counsel for the respondent, accepting the same, requests this Court to add one more condition that the rent amount has to be paid by the 5th of every month.
4 Per contra, learned counsel for the appellant submits that the rent amount may be permitted to be paid on or before the 10th day of each month instead of the 5th.
5. In view of the undertaking affidavit of the respondent and the submissions of both counsel, this Court deems it appropriate to close the Second Appeal by imposing an additional condition that the respondent shall pay the rent amount to the petitioner on or before the 10th day of every month without fail. Any deviation in the payment of rent or breach of the undertaking given by the appellant shall entitle the respondent to take appropriate steps against the appellant.
6. With the above observations, the Second Appeal is closed. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
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