K Syamala vs R Panda
2021 Latest Caselaw 3116 AP

       HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: A.S.No.189 of 2021

                          PROCEEDING SHEET

Sl.                                                                             OFFICE
      DATE                                ORDER
No.                                                                              NOTE
03. 19.08.2021 JUD,J
                                   A.S.No.189 of 2021
                       Notice.
                       Post after four weeks.

                                                                  ________
                                                                    JUD,J
                                       I.A.No.1 of 2021
                       It is brought to the notice of this Court by the
               petitioners' counsel that on 17.06.2021 when the matter
               came up for hearing before this Court, notice was ordered.
               The endorsement made by the office shows that the
               respondents 4,5 and 8 are served with notices and that the

notices sent to the respondents 1,2,3,6, 7 and 9 have not been returned so far.

As per his contention, the respondents 2,3 and 4 have remained exparte and the case was not contested by them. Respondents 7 to 9 also have not contested the case and have remained exparte. Thus, the main contest is between the petitioners herein and the 1st respondent/plaintiff in the suit.

His submission is that though notice is sent to the 1st respondent, it has not been returned so far and that he is evading the service of notice on him. He submits that if the decree and judgment dated 31.12.2020, passed in O.S.No.12 of 2015, on the file of IV Additional District Judge, Sompeta, Srikakulam District is not suspended, the petitioners will be put to irreparable loss and hardship. He has got the good chances of succeeding in the appeal.

Having regard to the above, and the averments mentioned in the affidavit annexed to the petition, there shall be interim suspension of the decree and judgment dated 31.12.2020, passed in O.S.No.12 of 2015, on the file of IV Additional District Judge, Sompeta, Srikakulam District, on the condition of petitioners depositing suit costs to the credit of the said suit within a period of six weeks from today.

If the above mentioned order is not complied with within the time specified above, the interim order granted now shall stand vacated automatically without any further reference to this Court.

________ JUD,J Gk.