Andhra Pradesh High Court - Amravati
Narne Chowdary, vs Sri. Venkateswara Auto ... on 24 February, 2021
Bench: Joymalya Bagchi, A V Sai
[ 3270]
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI
AND
THE HONOURABLE SRI JUSTICE A V SESHA SAI
IA No. 1 OF 2021
IN
AS NO: 60 OF 2021
Between:
Narne Chowdary, S/o. Narne Venkateswarlu, aged 82 years, R/o. Kan
Village, Bapatla Mandal, Guntur District.
.. Appellant/Defendant
(Petitioner in AS 60 OF 2021
on the file of High Court)
AND
Sri Venkateswara Auto Financiers, Rep. by its Proprietor Darsi Radha Krishna Murthy,
S/o. Peda Mastan, aged about 68 years, Occ: Business, R/o. Kotravari Street, Darsi
Compound, Bapatla Town and Mandal, Guntur District.
..Respondent/Plaintiff
(Respondents in-do-)
Counsel for the Petitioner: M/S NIMMAGADDA REVATHI
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 grant stay of
operation of preliminary decree and judgment, dt. 17.09.2019 passed in O.S No. 216 of
2014 on the file of the Court of Learned XII Addl. District Judge, Guntur District at
Guntur, pending disposal of AS No.60 of 2021, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
ORDER:
"Heard learned counsel for the petitioner/appellant.
Having regard to the facts and circumstances of the case and considering
the submissions, there shall be interim stay of operation of the preliminary
decree and Judgment dated 17.09.2019 passed in OS.No.216 of 2014 on the file of
the Court of XII Additional District Judge, Guntur for a period of eight weeks on
condition of the petitioner depositing 50% of the decretal amount along with
costs if any, before the court below within six weeks from today. It is made clear
that in case, the petitioner fails to comply with the order, the stay shall stand
vacated automatically without reference to the Court.
Post on 22.04.2021.
In the meantime, issue notice to the respondents.
Learned counsel for the petitioner/appellant is permitted to take out
personal notice to the respondents by registered post with ack. due and file proof
of service into Registry". A
Sd/-T.Madhavi
; ASSIS T REGIST? AR
TRUE COPYI//
SECTION OFFICER
For
To,
1. The Learned XII Addl. District Judge, Guntur District
. Sri Venkateswara Auto Financiers, Rep. by its Proprietor Darsi Radha Krishna
Murthy, S/o. Peda Mastan, aged about 68 years, Occ: Business, R/o. Kotravari
Street, Darsi Compound, Bapatla Town and Mandal, Guntur District. (By RPAD)
. One CC to M/S NIMMAGADDA REVATHI Advocate [OPUC]
. Two spare copies
HIGH COURT
JBJ
&
AVSSJ
DATED:24/02/2021
POST ON 22-04-2021
ORDER
IA.NO.1 OF 2021
IN
AS.No.60 of 2021
INTERIM STAY
NcEsparon
ee
