Kanamanani Rukminamma vs Kanammanani Hanumanthu Naidu
2021 Latest Caselaw 5586 AP

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

  MAIN CASE No: S.A.No.534 of 2021 & S.A.No.533 OF 2021

                   PROCEEDING SHEET

SL.     DATE                         ORDER                                  OFFICE
NO.                                                                          NOTE
06.   30.12.2021 MVR, J

                 I.A.No.1 OF 2021 IN S.A.No.534 OF 2021 &
                  I.A.No.1 OF 2021 IN S.A.No.533 OF 2021


                      Heard Sri Narra Srinivasa Rao, learned
                counsel for petitioner and Sri Maheswara Rao
                Kunchem,      learned     counsel    for   the     first
                respondent.

The petitioner requested to suspend the operation of Decree and Judgment of the appellate Court on the ground that she has questioned the same raising several aspects.

It is opposed on behalf of the first respondent, who had the benefit of Decree and Judgment in his favour in the appellate Court.

Both the suits that are basis for S.A.No.534 of 2021 and S.A.No.533 of 2021 were for permanent injunction. Whereas, the petitioner was the plaintiff in O.S.No.80 of 2011, the 1st respondent was first defendant therein. The first respondent was the plaintiff in O.S.No.76 of 2011 while the appellant was the 2nd defendant in that suit, with her husband Subbarayudu being the first defendant.

The parties are closely related. Both the Courts below considered the material on record. While O.S.No.80 of 2011 was decreed, O.S.No.76 of 2011 was dismissed by a Common Judgment. In the Appeal, the Decree in O.S.No.80 of 2021 was reversed and O.S.No.76 of 2011 was decreed. In this SL. DATE ORDER OFFICE NO. NOTE background, the present applications require for consideration.

It remained undisputed that the relief for permanent injunction granted in O.S.No.80 of 2011 continued to operate during the pendency of the Appeal and both the learned counsel informed that the Decrees granted were not suspended, or operation of which was stayed by the appellate Court.

In the above circumstances, in asmuch as both the S.As., are already admitted, it is desirable to stay operation of Decree granted by the appellate Court in both S.A.Nos.534 of 2021 and 533 of 2021 till determination of questions, which are wide open and which require definite consideration.

In the above circumstances, there shall be interim stay of operation of the Decree in A.S.No.9 of 2018 and A.S.No.8 of 2018 on the file of the Court of III Additional District Judge, Rajampet, until further orders.

List both the S.As., together under the caption "final hearing" during the first week of April, 2022.

________ MVR, J Ks