The Present Petition Came To Be ... vs Sri S.Madhava Rao
2021 Latest Caselaw 5004 AP

     HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                   MAIN CASE No.: A.S.No.461 of 2017

                           PROCEEDING SHEET

Sl.                                                                        Office
        DATE                              ORDER
No                                                                         Note

8.    07.12.2021   CPK, J & RNT, J
                                     I.A.No.1 of 2020

                         The present petition came to be filed by the
                   petitioners/Respondents/ Defendants to vacate the

interim order dated 09.08.2017.

Sri S.Madhava Rao, learned counsel for petitioners/respondents, submits that neither plaint nor the order satisfies the requirements of Section 16(C) of the Specific Relief Act. He further pleads that the respondent/appellant has deposited substantial amount before the Court, but however, submits that they are not willing to execute the sale deed as per the judgment dated 25.07.2016.

On the other hand, Sri V.R.Reddy Kovvuri, learned counsel for respondent/appellant, submits that the interim order was made absolute on 12.09.2017 and if the Court vacates the same at this stage, nothing survives for adjudication in the main appeal. He took us to paragraphs 6 and 8 of the plaint and submits that there was sufficient compliance of Section 16(C) of the Specific Relief Act, 1963.

It is to be noted here that, on 09.08.2017, this Court passed an order directing petitioners/ respondents not to create any third party rights on the property in dispute. Subsequently, the said order was made absolute on 12.09.2017, when the petitioners/ respondents refused to receive the notices, holding that it amounts to deemed service of notice under law. Thereafter, the present application is filed.

Taking into consideration the facts in issue and having regard to the interim order passed in the month of August, 2017, which was made absolute in the month of September, 2017, we feel that it is not a fit case to vacate the interim order at this stage. Having regard to the issue in question and since substantial amount has been deposited by the respondent/ appellant/plaintiff in the Court, registry to list the appeal for final hearing immediately after Pongal Vacation, 2022.

Meanwhile, Sri V.R.Reddy Kovvuri, learned counsel for respondent /appellant, shall prepare the booklet and furnish a copy of the same to the leaned counsel for petitioners/ respondents prior to the date of hearing.

List on 17.01.2022.

________ CPK, J

________ RNT, J SJ