Citation : 2021 Latest Caselaw 193 AP
Judgement Date : 19 January, 2021
(FRE 1 aN IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI \ 'Ss 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 2021 IN AS NO: 7 OF 2021 Between: L Raja Reddy, S/o. L.Venkata Subba Reddy, Aged about. 51 years, D.No. 39/622-72, Near Nagarjuna Women's Degree College, Aravinda Nagar, Kadapa City. ...Petitioner/Appellant AND 1. Levaka Dushyantha Sreenivasa Reddy, S/o L. Raja Reddy, Hindu, aged about 14 years, Student, Minor, Rep. by next friend Guardian mother P. Haritha @L. Haritha, W/o L. Raja Reddy, aged about 43 years, Residing at 40/188-20, Mutharasupalli in Bharathnagar, Kadapa City, Amended as per order in |.A. No. 3751/2014, dated 17.12.2014. Guardian Mother P. Haritha @ L. Haritha, is residing at Present in D.No. 39/519, Aravinda Nagar, Kadapa. 2. Levaka Praimitha, D/o L. raja Reddy, Hindu, Minor, Student, Ageda bout 7 years, minor, Rep. by next friend Guardian mother P. Haritha @ L. Haritha, W/o L. Raja Reddy, aged about 43 years, Residing at 40/188-20, Mutharasupalli in Bharathnagar, Kadapa City, Amended as per order in |.A. No. 3751/2014, dated 17.12.2014. Guardian Mother P. Haritha @ L. Haritha, is residing at Present in D.No. 39/519, Aravinda Nagar, Kadapa. ...Respondents/Respondents Counsel for the Petitioner : PARTHASARADHY ACHUTA Counsel forthe Respondents: = = ~~. -.--- Petition under Order 41, Rule 5 of Civil Procedure Code r/w 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 Stay all further proceedings including the passing of final decree in pursuance of judgment and decree dated 25.02.2020 made in O.S. No. 39 of 2014 on the file of the Court of Principal District Judge, Kadapa. Pending disposal of AS No. 7 of 2021, 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:
(Proceedings taken up through video conferencing)
"Subject to deposit of costs before the trial Court within a month, the proceedings before the trial Court, shall continue, but no final decree shall be passed without the leave of the Court. The respondents are at liberty to withdraw the deposited amount upon furnishing undertaking before the trial Court to
refund the amount in the event appeal is allowed." . Sd/-M.SURYANADHA REDDY
/ITRUE COPY//
To,
--
ad
PR
. The Principal District Judge, Kadapa.YSR Kadapa District.
P. Haritha @ L. Haritha, W/o L. Raja Reddy, residing at Present in D.No. 39/519, Aravinda Nagar, Kadapa.(for herself and his Son Levaka Dushyantha Sreenivasa Reddy, S/o L. Raja Reddy who is Respondent No.1 and her daughter Levaka Praimitha, D/o L. Raja Reddy who is Respondent No.2 are being minors)
One CC to Sri. Parthasaradhy Achuta Advocate [OPUC]
One spare copy
. HIGH COURT
JBJ & AVSSJ
DATED:19/01/2021
ORDER
1A No. 1 OF 2021 IN AS NO: 7 OF 2021
DIRECTION
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