Andhra Pradesh High Court - Amravati
Kolli Syam Sundar Reddy, vs S Padmavathi on 5 February, 2021
Bench: B Krishna Mohan
(SHOW CAUSE NOTICE BEFORE ADMISSION) \
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2
FRIDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENT
:PRESENT:
THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
SECOND APPEAL NO: 37 OF 2021
Between:
Sri Kolli Syam Sundar Reddy, S/o. Radhakrishna Reddy, Aged 52 years, Hindu,
R/o. Flat No.6, Vijaya Sai Apartments, Venkatrampuram, Nellore City, SPSR
Nellore District.
Appellant
AND
Smt. S. Padmavathi, W/o. Raghava Rao, Aged 49 years, Hindu, R/o.
D.No.16/1999, Vijaya Mahal Centre, Nellore City, SPSR Nellore District
Respondent
WHEREAS the Appellant above named through his Advocate
Sri T. LAKSHMI NARAYANA presented this Second Appeal under Section 100 CPC
against the order dated to present this Memorandum of Second Appeal aggrieved by
the Judgment and Decree dated 25-11-2019 passed in AS. N 28 of 2018 on the file of
the Principal District Judge, Nellore, in confirming the Judgment and Decree dated
05-12-2017 passed in OS.No.439 of 2014 on the file of the Principal Junior Civil judge,
Nellore.
AND WHEREAS the High Court upon perusing the petition and
memorandum of grounds filed herein and upon hearing the arguments of
Sri T. Lakshmi Narayana, Advocate for the Petitioner, directed issue of notice to the
Respondents herein to show cause as to why this SECOND APPEAL should not be
admitted.
You viz:
Smt. S. Padmavathi, W/o. Raghava Rao, R/o. D. No. 16/1999, Vijaya Mahal
Centre; Nellore City, SPSR Nellore District, A.P.
are directed to show cause on or before 05.03.2021 to which date the case stands
posted as to why in the circumstances set out in the appeal and the memorandum of
grounds filed therewith (copy enclosed) this SECOND APPEAL should not be admitted.
IA NO: 1 OF 2021
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 be pleased to grant stay
of all further proceedings pursuant to the Judgment and Decree dated 05-12-2017
passed in OS.No.439 of 2014 on the file of the Principal Junior Civil Judge, Nellore,
confirmed by the Judgment and Decree dated 25-11-2019 passed in AS.No.28 of 2018
on the file of the Principal District Judge, Nellore, pending disposal of the Second
Appeal, pending disposal of SA No. 37 of 2021, on the file of the High Court.
THE COURT MADE THE FOLLOWING: ORDER
"Notice to the respondent.
The appellant herein is the appellant in the lower appellate Court and the
defendant in the suit. The respondent herein is the respondent before the lower
appellate Court and the plaintiff in the suit.
The suit is filed for eviction and grant of permanent injunction in respect to
the suit schedule property in O.S.No0.439 of 2014 on the file of Principal Junior
Civil Judge, Nellore. On contest the suit was decreed vide its Judgment and
decree dated 05.12.2017. Aggrieved by the same, the defendant preferred
A.S.No.28 of 2018 before the Principal District Judge, Nellore. Assailing the said
Judgments of the Courts below the appellant filed this Second Appeal raising
substantial questions of law to be considered by this Court.
'Whether a suit for eviction can be decreed without the plaintiff
coming to the box and without the plaintiff being examined herself as
a witness to support the pleadings and marking of the documents as
contemplated in the suit'.
Since the execution proceedings are initiated by the decree holder, there
Shall be an order of Status-quo to be maintained as on date with respect to the
suit property pending further orders.
The learned counsel for the appellant is permitted to take out personal
notice to the respondent by RPAD and file proof of service in the Registry, within
a period of two (2) weeks from today.
List the matter on 05.03.2021."
Sd/- A. Surya Prakasa Rao
DEPUTY ,REGIST ,
TRUE COPY// SECTION'OFFICER
For
To,
|. The Principal District Judge, Nellore, SPSR Nellore District, A.P.
2. The Principal Junior Civil judge, Nellore, SPSR Nellore District, A.P.
3. Smt. S. Padmavathi, W/o. Raghava Rao, R/o. D.No.16/1999, Vijaya Mahal
Centre, Nellore City, SPSR Nellore District (oy RPAD- along with a copy of
petition and memorandum of grounds)
4. One CC to SRI T. Lakshmi Narayana, Advocate [OPUC]
5. One spare copy
MSR
HIGH COURT
BKMJ
DATED:05/02/2021
NOTE : LIST THE MATTER ON 05.03.2021
NOTICE BEFORE ADMISSION
SA.NO.37 OF 2021
STATUS - QUO
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