Byyarapu Chandramouli vs Chintapalli Chandra Sekhar
2021 Latest Caselaw 1816 AP

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

WEDNESDAY, THE SEVENTH DAY OF APRIL,
TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE SRI JUSTICE M.GANGA RAO
FIRST APPEAL NO: 533 OF 2019

 

Between:
Byyarapu Chandramouli, S/o. Late B. Mallaiah, aged about 65 years, Hindu, R/o.1-40,
Ist Road, Ananthapuram.

Appellant
AND .
Chintapalli Chandra Sekhar S/o. C. Venkataiah, Hindu, aged about 57 years,
Bondalavada Village, Narapala Mandal, Ananthapuram District.

Respondent

Appeal Under Section 96 of CPC against this Memorandum of First Appeal against the Judgment and Decree Dated 29.04.2019 in O.S.No.163 of 2015 on the file of the 1° Additional District Judge, Ananthapuramu.

IA NO: 1 OF 2019

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the Judgment and Decree passed in O.S.No.163 of 2015 on file of the Ist Addl. District Judge, Ananthapuramu Dated 29.04.2019, pending disposal of the above AS No. 533 of 2019, on the file of the High Court.

IA NO: 2 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to by modifying the order dated J.A.No.1 of 2019 in A.S.No.533 of 2019 dated 02.11.2019 and by extending the time and permitting the petitioner to deposit the amount by way of installments instead of lumpsum with in the period of four months, pending disposal of AS 533 of 2019, on the file of the High Court.

TA NO: 2 OF 2019

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extended the time for a period of 3 months for depositing an amount of 10 lakhs as per the Hon'ble Court orders in IA.No. 1 of 2019 in AS. 533 of 2019 dt. 02.11.2019, pending disposal of the above Appeal 533 of 2019, on the file of the High Court.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to modifying the order dated IA.No. 1 of 2019 in AS.No. 533 of 2019 dated 02.11.2019 and permitting the petitioner to deposit the amount by way two installments instead of lumpsum with in the period of three months, pending disposal of AS 533 of 2019, on the file of the High Court.

TA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extended the time for a period of Six Weeks for depositing an amount of Rs.10 Lakhs as per the Hon'ble Court orders in IA.No. 1 of 2019 in AS.No. 533 of 2019, dt. 23.12.2019, pending disposal of the above AS 533 of 2019, on the file of the High Court.

TA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to by modifying the order dated I.A.No.1 of 2019 in A.S.No.533 of 2019 dated 02.11.2019 and by extending the time and permitting the petitioner to deposit the amount by way of installments instead of lumpsum with in the period of four months, pending disposal of AS 533 of 2019, on the file of the High Court.

The Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier orders of the this Court order made herein and upon hearing the

arguments of Smt. A. PADMA Advocate for the Petitioner, Sri MAHESWARA RAO KUNCHEAM, Advocate for the Respondent and the Court made the following:

ORDER "(PROCEEDING TAKEN UP THROUGH VIDEO CONFERENCING)

Heard parties.

Learned counsel for the petitioner/ appellant submits her client was suffering from cardiac ailments and, therefore, in spite of repeated extensions, he was not able to deposit the stipulated amount of Rs.12,00,000/-, as directed by this Court on 02.11.2019 and extended on 23.12.2019 and 29.01.2020.

Learned counsel appearing for the respondent/plaintiff submits that the petitioner intentionally failed to comply with the order of this Court and no sympathy should be shown to him.

We have considered the materials on record.

By order, dated 02.11.2019, the petitioner was directed to deposit a sum of Rs.12,00,000/- within six (6) weeks, which came to be extended by another three (3) months, from the date of initial order, by the subsequent order, dated 23.12.2019. It is contended although there was some delay in obtaining the certified copy and due to ill-health the petitioner has been unable to deposit the entire amount within time, a sum of Rs.4,00,000/- has already been deposited before the trial Court on 14.02.2020.

In the aforesaid facts, conduct of the petitioner cannot be appreciated. However, as the petitioner undertakes to deposit the remainder of the amount positively within seven (7) days, we grant last opportunity to the petitioner to deposit the remainder sum of Rs.8,00,000/- by 16.04.2021. No further extension of time shall be granted. In the event of such deposit, the order of suspension of the impugned decree and judgment, dated 29.04.2019, passed in O.S. No.163 of 2015 by the learned I Additional District Judge, Ananthapuramu, shall stand revived and continue till disposal of the Appeal failing which the execution proceedings shall continue in accordance with law.

It is needless to mention withdrawal of the amount by the respondent/plaintiff, as directed earlier, is without prejudice to his rights and contentions.

Post this Appeal for 'final hearing' after summer vacation, 2021."

DEPUTY REGISTRAR TRUE COPY//

SECTION OFFICER

To,

1. The I Additional District Judge, Ananthapuramu.

2. Chintapalli Chandra Sekhar, Sekhar S/o. C. Venkataiah, Hindu, Bondalavada Village, Narapala Mandal, Ananthapuram District. (by RPAD)

3. One CC to Smt. A. PADMA Advocate [OPUC]

4. One CC to SRI. MAHESWARA RAO KUNCHEAM Advocate [OPUC]

5. One spare copy MSR

"4

SD/- P. VENKATA RAMANA

HIGH COURT

JBJ

& MGRJ DATED:07/04/2021

NOTE : POST THIS VACATION, 2021

orvhr

AS.NO.533 OF 2019

/

DIRECTION

5S

PPEAL FOR 'FINAL HEARING' AFTER SUMMER

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