THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
CIVIL REVISION PETITION No. 1113 of 2020
ORDER:
Heard.
2. The challenge in this civil revision petition is to the order dated 06.02.2020 in I.A.No.83 of 2019 in A.S.No.18 of 2019 passed by learned Senior Civil Judge, Narsipatnam, dismissing the said application filed by the petitioners/defendants.
3. A.S.No.18 of 2019 is filed against the decree and judgment dated 28.11.2018 in O.S.No.300 of 2006 passed by learned Principal Junior Civil Judge, Narsipatnam, granting a decree of specific performance directing the petitioners/defendants to execute a sale deed in favour of the respondent/plaintiff within two months. In the said appeal, the petitioners/defendants filed I.A.No.83 of 2019 seeking stay. The said petition was dismissed with curious observations by the appellate Court. It was observed that the lower Court directed the petitioners/defendants to execute a sale deed in favour of the respondent/plaintiff within two months from the date of judgment, by receiving the balance of sale consideration, but however, the petitioners/defendants, without complying the said judgment and decree, filed the appeal, and that if a stay is granted, the lawful rights of the respondent/plaintiff will be defeated. The observations of the appellate Court for refusal of stay are not legally justified. If stay is not granted, as a consequence, the decree will be executed and a sale deed will have to be executed by the petitioners/defendants in favour of the UDPR,J 2 C.R.P.No.1113 of 2020 respondent/plaintiff. In such an event, even if the petitioners/defendants succeed in the appeal, the said judgment will become otiose. Therefore, the order of the appellate Court is legally unsustainable.
4. Accordingly, this civil revision petition is allowed setting aside the impugned order and consequently, I.A.No.83 of 2019 in A.S.No.18 of 2019 on the file of learned Senior Civil Judge, Narsipatnam, is allowed and interim stay of operation of the decree and judgment in O.S.No.300 of 2006 passed by learned Principal Junior Civil Judge, Narsipatnam, is granted till disposal of the appeal on the condition of the petitioners/defendants depositing the costs awarded against them by the lower Court, within two weeks from today. There shall be no order as to costs.
As a sequel, interlocutory applications, if any, pending for consideration shall stand closed.
__________________________ U. DURGA PRASAD RAO, J 17th February, 2021 Note: Issue C.C. by 18.02.2021.
(b/o) cbs UDPR,J 3 C.R.P.No.1113 of 2020 THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO C.R.P.No. 1113 of 2020 17th February, 2021 cbs