Andhra Pradesh High Court - Amravati
Kakinada Srinivasa Rao vs Pedapudi Satyanarayana on 18 January, 2021
Bench: M.Venkata Ramana
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
[3164]
MONDAY, THE EIGHTEENTH DAY OF JANUARY
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA
IA No. 2 OF 2020
IN
AS NO: 153 OF 2020
Between:
Kakinada Srinivasa Rao, S/o. Nookaraju, aged 43 years, Employee, Point Men S.C.R.,
Kakinada, R/o. D. NO.2-46-26, Behind D-Mart, Godarigunta, Kakinada, East Godavari
istrict
...Petitioner/Defendant
(Petitioner in AS 153 OF 2020
on the file of High Court)
. AND
Pedapudi Satyanarayana, S/o. Appa Rao, Aged 45 years, Business, R/o. D.No.19-4-
102 Bank Peta, Kakinada East Godavari District.
...Respondent/Plaintiff
(Respondents in-do-)
Petition under Order 41 Rule 5 of CPC r/w U/S 151 CPC praying that in the
circumstances stated in the affidavit filed ir support of the petition, the High Court may
be pleased to stay all further proceedings pursuant to the decree and judgment dated
21-10-2019 in O.S.No.138 of 2016 on the file of the Court of the Il] Additional District |
Judge, Kakinada, East Godavari District, pending disposal of AS No.153 of 2020, on the
file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of SRI,S:SUBBA REDDY
Advocate for the Appellant and of SRILA. Ke KISHORE REDDY for the Respondent, the
Court made the following
ORDER:
"Heard Sri S.Subba Reddy, learned counsel for the petitioner and Sri
A.K.Kishore Reddy, learned counsel for the respondent.
Considering the nature of the decree and judgment, which are being
questioned in this appeal, since the matter requires consideration in the appeal,
there shall be interim stay of all further proceedings including execution of the
decree in O.S.No.138 of 2016, dated 21.10.2019 on the file of the Court of learned
Ill Additional District Judge, East Godavari, Kakinada until further orders, subject
to condition that the petitioner deposits 50% of the suit amount along with full
costs awarded by the trial Court to the credit of the above suit within eight weeks
from this day. On such deposit, the respondent is directed to withdraw the suit
costs out of it without furnishing any security. If the amount, as directed above,
is not deposited within the period so granted, interim stay granted stands vacated
automatically without there being any order of this Court. The trial Court is
directed to invest 50% of the suit amount so deposited in a Fixed Deposit in the
State Bank of India, Main Branch, Kakinada initially for a period of two years
subject to renewal from time to time."
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TataRao (
Sd/-K.Tata yA
ASSISTANT REGISTRAR
ITTRUE COPY//
| SECTION OFFICER |
ase
To,
ako
The Ill Additional District Judge, Kakinada, East Godavari District
. Pedapudi Satyanarayana, S/o. Appa Rao, Aged 45 years, Business, R/o.
D.No.19-4-102 Bank Peta, Kakinada East Godavari District.( By RPAD)
One CC to SRI. S SUBBA REDDY Advocate [OPUC]
One CC to SRI. A K KISHORE REDDY Advocate [OPUC]
One spare copy
we
r
HIGH COURT
MVRJ
DATED:18/01/2021
ORDER
IA.NO.2 OF 2020
IN
AS.No.153 of 2020
INTERIM STAY
Sate
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