Citation : 2021 Latest Caselaw 191 AP
Judgement Date : 19 January, 2021
La IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI AND THE HONOURABLE SRI JUSTICE A V SESHA SAI IA No. 1 OF 2020 IN AS NO: 239 OF 2020 Between: 1. Kanakadindi Krishnanjaneya Phaneendranath, S/o Subrahmanya Sarma, aged about 58 years, R/o D.No. 12-23/1 Upstairs of Lakshmi Beauty Parlour, Sri Ramnagar Colony, Peddaboddepalli, Narsipatnam Municipality, Narsipatnam and Presently R/o D.No.4-60-5/4/1, Near Post Office Lawsons Bay Colony Visakhapatnam 530017. 2. Kanakadindi Sitaramnath, S/o Narasimhamurthy, Aged 44 years, Employee in Triumphant Institute of Management And Education Pvt.Ltd. (TIME ), 95 B, IInd Floor, Siddamsetty Complex, Parklane, Secunderabad. . .APPELLANTS/DEFENDANTS AND Petla Mehar Venkata Siva Prasad, S/o Appalanaidu, Aged 44 years, R/o Door No.3-127, Saradanagar, Balighattam, Narsipatnam Municipality, Narsipatnam Mandal, Visakhapatnam District, A.P. ...RESPONDENT/PLAINTIFF Counsel for the Petitioners :SRI RAO KR Counsel for the Respondent : SRI M BALASUBRAHMANYAM 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 to suspend the Judgment and Decree dated 24.02.2020 in 0.S.No.429 of 2012 passed by the Principal District Judge, Visakhapatnam, pending disposal of AS No.239 of 2020, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following ORDER:
"Learned counsel appearing for the petitioners/appellants seeks suspension of the judgment and decree of specific performance in respect of the
suit property.
Learned counsel appearing for the respondent-decree holder submits that
the respondent is ready and willing to deposit the balance consideration money.
There shall be an order of status quo in respect of the suit property till the disposal of the appeal, subject to deposit of costs within a month. It is open to the respondent-decree holder to keep. the balance consideration amount in a separate account maintained in a Nationalized Bank and furnish an affidavit before this Court enclosing the necessary particulars of such deposit. Such
affidavit may be filed within four weeks from date. The respondent-decree holder
is at liberty to withdraw the costs upon requisite undertaking furnished before the trial Court.
Post on 16.02.2021." nnn Sd/-T.Madhavi fo
ASSISTANT REGISTRAR I(TRUE COPY!/ ' F SECTION OFFIC eR To,
1. The Principal District Judge, Visakhapatnam.
2. Petla Mehar Venkata Siva Prasad, S/o Appalanaidu, R/o Door No.3-127, Saradanagar, Balighattam, Narsipatnam Municipality, Narsipatnam Mandal, Visakhapatnam District, A.P.( By RPAD)
3. One CC to Sri. Rao K R, Advocate [OPUC]
4. One CC to Sri. M Balasubrahmanyam, Advocate [OPUC]
5. Two spare copies.
MSB
HIGH COURT
JB,J & AVSSJ
DATED:19/01/2021
POST ON 16.02.2021
ORDER
AS.No.239 of 2020
STATUS QUO
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