Pavada Adeyya, vs Surla Ganga Raju,
2021 Latest Caselaw 912 AP

       THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

             CIVIL REVISION PETITION No. 1113 of 2020

ORDER:

Heard.

2. The challenge in this civil revision petition is to the order

dated 06.02.2020 in I.A.No.83 of 2019 in A.S.No.18 of 2019 passed by

learned Senior Civil Judge, Narsipatnam, dismissing the said application

filed by the petitioners/defendants.

3. A.S.No.18 of 2019 is filed against the decree and judgment

dated 28.11.2018 in O.S.No.300 of 2006 passed by learned Principal Junior

Civil Judge, Narsipatnam, granting a decree of specific performance

directing the petitioners/defendants to execute a sale deed in favour of the

respondent/plaintiff within two months. In the said appeal, the

petitioners/defendants filed I.A.No.83 of 2019 seeking stay. The said

petition was dismissed with curious observations by the appellate Court. It

was observed that the lower Court directed the petitioners/defendants to

execute a sale deed in favour of the respondent/plaintiff within two months

from the date of judgment, by receiving the balance of sale consideration,

but however, the petitioners/defendants, without complying the said

judgment and decree, filed the appeal, and that if a stay is granted, the lawful

rights of the respondent/plaintiff will be defeated. The observations of the

appellate Court for refusal of stay are not legally justified. If stay is not

granted, as a consequence, the decree will be executed and a sale deed will

have to be executed by the petitioners/defendants in favour of the UDPR,J

respondent/plaintiff. In such an event, even if the petitioners/defendants

succeed in the appeal, the said judgment will become otiose. Therefore, the

order of the appellate Court is legally unsustainable.

4. Accordingly, this civil revision petition is allowed setting aside the

impugned order and consequently, I.A.No.83 of 2019 in A.S.No.18 of 2019

on the file of learned Senior Civil Judge, Narsipatnam, is allowed and

interim stay of operation of the decree and judgment in O.S.No.300 of 2006

passed by learned Principal Junior Civil Judge, Narsipatnam, is granted till

disposal of the appeal on the condition of the petitioners/defendants

depositing the costs awarded against them by the lower Court, within two

weeks from today. There shall be no order as to costs.

As a sequel, interlocutory applications, if any, pending for

consideration shall stand closed.

__________________________ U. DURGA PRASAD RAO, J 17th February, 2021

Note: Issue C.C. by 18.02.2021.

(b/o) cbs UDPR,J

THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

C.R.P.No. 1113 of 2020

17th February, 2021 cbs