Andhra Pradesh High Court - Amravati
K Appalanaidu vs K Chandana on 25 February, 2021
Bench: M.Venkata Ramana
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATt--
THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE
:PRESENT: ME
THE HONOURABLE SRI JUSTICE M. VENKATA RAMANA- ae
|.A. Nos. 1 of 2018 and 1 of 2020
IN --
A.S. No. 2147 of 2018 -
Between :-
Karnena Appalanaidu, $/o. Late Ramanaidu, aged about 54 years,
Cultivation, R/o. D.No.2-13/2, Main Street, P.D. Parapuram Village, os
Palakonda (M), Srikakuam District, now Residing at Anjaneya Nagar, Sr ge
Srikakulam Degree College, Palakonda Town & (M), Srikakulam District.
...Petitioner
(Appellant in A.S.No. 2147 of 2018
on the file of High Court}--
AND
Karnena Chandana, W/o. Late Govinda, Cultivation and house hold Duties,
R/o. Plot No. 10, T.D. Parapuram Village in Palakonda (M),
Srikakulam District.
...Respondent
(Respondent in-do-)--
|.A.No, 1 of 2018 :- y
Petition under Section 151 C.P.C, praying that in the circumstances stated in
the affidavit filed herein, the High Court may be pleased. to pass orders suspending
the operation of the Judgment & Decree dt. 30-01-2018 in O.S.No. 55 of 2013 on the
file of the Special Jude for Trial of cases under SC's & ST's (POA) Act-cum-lV
Additional District Judge at Srikakulam, pending disposal of A.S. No. 2147 of 2018, on
the file of the High Court. ~
|.A.No. 1 of 2020 :- --~ _
Petition under Section 151 C.P.C, read with 0.39 Rule 1 & 2 of CPC, praying
that in the circumstances stated in the affidavit filed herein, the High Court may be
pleased to pass an order restraining the respondent by an order of injunction from
alienating the suit schedule property, pending disposal of A.S. No. 2147 of 2018, on
the file of the High Court.
These petitions coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of Sri P.V. Vidya
Sagar, Advocate for petitioner in both petitions and Sri R. Srikanth, Advocate for
Respondent in both petitoins, the Court made the following ORDER :- ~~
"Heard Sri P.V.Vidya Sagar, learned counsel for the petitioner and
Sri R.Srikanth, learned counsel for the respondent.
This appeal is preferred against the decree and judgment passed in favour of
the respondent in a suit for permanent injunction.
From the counter affidavits of the respondent in these petitions, it is also clear
"that a part of the property which is the subject matter of this appeal has been
alienated by the respondent. At the same time, it should be borne in mind that the
appellant claimed in his writ statement that a suit for partition would be filed in due
course.
Thus, when there are competing claims in respect of the property in dispute in
this matter when there is already decree in favour of the respondent, which is
challenged in this appeal, it is desirable to direct that any encumbrance to be created
or alienation of the entire property in dispute or part thereof, shall be subject to the
result in the appeal. This step is sufficient having regard to the nature of dispute in
between these parties instead of granting an order of injunction restraining the
respondent from alienating the disputed property nor stay of operation of the decree
and judgment under appeal in these circumstances, is necessary.
Contd. .2...
- 2 -
Therefore, both these petitions are disposed of directing that any alienation
made or encumbrance created on the plaint schedule property shall be subject to
result in this appeal.
List this appeal after four weeks under the caption "final hearing." --
Sd/-M.RameshBabu
ASSISTANT REGISTRAR
/ TRUE COPY// |
| SECTION OFFICER
To
1.The Special Judge for Trial of cases under SC's & ST's (POA) Act-cum-IV --~
Additional District Judge at Srikakulam. --
2.Karnena Chandana, W/o. Late Govinda, Cultivation and house hold Duties,
R/o. Plot No. 10, T.D. Parapuram Village in Palakonda (M),
Srikakulam District. -
3.One CC to Sri P.V. Vidya Sagar, Advocate [OPUC]
4.One CC to Sri R. Srikanth, Advocate(OPUC) a"
5.One spare copy
TKK
HIGH COURT
MVR.J.
DATED: 25-02-2021
ORDER
1.A. Nos. 1 of 2018 and 1 of 2020
IN
AS.No.2147 of 2018
BOTH THE PETITIONS ARE DISPOSED
WITH DIRECTION
