Andhra Pradesh High Court - Amravati
Southern Power Distribution ... vs Shaik Jaan Bee on 25 February, 2021
Bench: B Krishna Mohan
[ 3233 ]
_ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
SECOND APPEAL NO: 91 OF 2020
Between:
1. Southern Power Distribution Company of A.P. Limited, Rep., by its Divisional
Electrical, Engineer (Operation), Vijayawada Rural, Krishna District.
2. Southern Power Distribution Company Of A.P., Limited, Rep., by its Chairman-
cum-Managing Director, Tirupathi.
Appellants/Defendants
AND
Shaik Jaan Bee, W/o Late Sikinder, Aged 58 yrs, D.No. 1-92, Kotikalapudi village,
lbrahimpatnam Mandal, Krishna District.
Respondent/Plaintiff
Second Appeal under Section 100 CPC, praying that in the circumstances
Stated in the memo of grounds filed herein, the High Court may be pleased to set aside
the decree and Judgment passed in A.S.No.44/2015, dt. 26-09-2019 on the file of VII
Additional District and Sessions Judge, Vijayawada in which the judgment and decree
passed in O.S. No. 76/2012 of the file of the Second Additional Senior Civil Judge,
Vijayawada was set aside and with costs.
1A NO: 2 OF 2020: Petition under Section 151 CPC praying that in the circumstances
Stated in the affidavit filed herein, the High Court may be pleased to grant stay of all
further proceedings vide judgment and decree made in A.S.No.44/2015 on the file of VII
Additional District and Session Judge, Vijayawada dated 26-09-2019, in which judgment
and decree passed in OS.No.76/2012 on the file of Il Additional Senior Civil Judge,
Vijayawada was confirmed including the execution in EP.No.7 of 2020, pending
disposal of SA 91 of 2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and memo of
grounds filed herein and upon hearing the arguments of Sri Y.Nagi Reddy, Advocate for
the Petitioners, and Sri Syed Ziauddin; Advocate for the Respondent, the Court made
the following.
ORDER:
"The 2" Appeal arises against the Judgment and decree in A.S.No.44 of 2015 on the
file of the Additional District and Sessions Judge, Vijayawada dated 26.09.2019 reversing
the Judgment and decree in O.S.No.76 of 2012 on the file of the II Additional Senior Civil
Judge, Vijayawada dated 20.08.2014. .
The appellants herein are the respondents before the lower appellate Court and the
defendants in the suit. The respondent herein is the appellant before the lower appellate
Court and the plaintiff in the suit. .
The plaintiff initiated the action in O.S.No.76 of 2012 on the file of the IT Additional
Senior Civil Judge, Vijayawada for damages of Rs.3,40,000/- and costs of the suit. Upon
contesting of the matter, the Trial Court dismissed the suit vide its Judgment dated
20.08.2014. Aggrieved by the same, the plaintiff preferred A.S.No.44 of 2015 on the file of
the Additional District and Sessions Judge, Vijayawada. Upon hearing the matter, the
lower appellate Court allowed the said appeal reversing the Judgment and decree of the
/ 2
. 4
o "
Le trial Court vide its Judgment dated 26.09.2019. Assailing the same, the defendants came in
2" appeal before this Court raising substantial question of law as follows.
Whether the appreciation and finding of the appellate Court in reversing the Judgment
and decree of the Trial Court is perverse?.
However, in view of the execution proceedings before the executing Court, the
appellants deposited the EP amount of sum of Rs.5,08,453/- vide memo dated 24.11.2020
and the same is lying with the executing Court.
In view of the above said circumstances, the 2"° appeal is admitted.
The respondent/plaintiff is entitled to withdraw the said amount subject to outcome
of the 2" appeal.
Post immediately after summer vacation for final hearing."
IfTRUE COPY//
_ SECTION OFFICER
To, ne
1. The Vil-Addl. District & Sessions Judge, Vijayawada, Krishna District
2. The Il Addl. Senior Civil Judge, Vijayawada, Krishna District
3. Shaik Jaan Bee, W/o Late Sikinder, Aged 58 yrs, D.No. 1-92, Kotikalapudi
village, Ibrahimpatnam Mandal, Krishna District.(BY RPAD)
4. One CC to Sri. Y.Nagi Reddy, Advocate [OPUC]
5. One CC to Sri. Syed Ziauddin, Advocate [OPUC]
6. One spare copy
Skm
HIGH COURT
BKM.J
DATED:25/02/2021
ORDER
SA.No.91 of 2020
DIRECTION
