Andhra Pradesh High Court - Amravati
Gadde Satyanarayana vs Puvvada Chandrasekhar And 5 ... on 22 January, 2021
Bench: M.Venkata Ramana
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE
FRIDAY, THE TWENTY SECOND DAY OF JANUARY, i
TWO THOUSAND AND TWENTY ONE Li
: PRESENT: YO
THE HONOURABLE SRI JUSTICE M. VENKATA RAMANA
1.A.No. 1 of 2019
IN
1.A. No. 1 of 2018
IN
A.S.No. 800 of 2018
1.A.No, 1 of 2018 :-
Between:
Gadde Satyanarayana, S/o Late Krishna Murthy.
...Petitioner
(Appellant in A.S.No. 800 of 1018
on the file of High Court)
AND
1.Puvvada Chandrasekhar, S/o. Late Venkataramaiah,
R/o. H.No. 27-22-43, J.D. Hospital Road, Governorpet, Vijayawada.
2.Puvvada Vema Rao, S/o. Late Venkataramaiah, Rep. by his
General Power of Attorney Holder, Puvvada Chandrasekhar Rao.
3.Puvvada Anantha Laxmi W/o. Late Hanumantha Rao,
Occ : Housewife, R/o. H.No. 12-2-790/15, Mehdipatnam, Hyderabad.
4,.Gadde Vimalamma (died per Ls), Hyderabad. P
5.Gadde Narasimha Rao, S/o. Late Krishna Murthy, Occ : Agriculture,
R/o. Anumanchipally Village, Jaggaiahpet Mandal, Krishna District.
6.M. Vikayalaxmi, W/o. Samba Siva Rao, R/o. Anumanchipally Village,
Jaggaiahpet Mandal, Krishna District.
(Respondent Nos.3 to 6 are not necessary to this appeal)
... Respondents
(Respondent in-do-)
Petition under Section 151 of C.P.C., praying that in the
circumstances stated in the counter affidavit filed herein, the High
Court may be pleased to grant stay in executing Judgment and Decree
dated 19-02-2018 passed in 0.S.No. 34 of 2013 on the file of the XVI
Additional District and Sessions Judge Court, Nandigama, pending
disposal of AS.No.800 of 2018 on the file of High Court.
1.A.No. 1 of 2019:-
1.Puvvada Chandrasekhar, S/o. Late Venkataramaiah.
2.Puvvada Vema Rao, S/o. Late Venkataramaiah, aged about 70 years,
Rep. by his GPA Puwvada Chandrasekhar Rao.
..Petitioners/Respondent.Nos. 1 & 2 in 1.A.No. 2018 &
In A.S.No. 800 of 2018
IN
1.Gadde Satyanarayana, S/o. Late Krishna Murthy, Occ : Agriculture,
R/o. Anumanchipoally Village, Jaggaiahpet Mandal, Krishna District.
...Respondent/Petitioner in A.S.NO. 800 of 2018
2.Puvvada Anantha Laxmi, W/o. Late Hanumantha Rao, Occ :
Housewife,
R/o. H.No. 12-2-790/15, Mehdipoatnam, Hyderabad.
3.Gadde Vimalamma (died per LRs)
4.Gadde Narsimha Rao, S/o. Late Krishna Murthy
5.M. Vijayalaxmi, W/o. Samba Shiva Rao
(Respondent Nos. 4 & 5 are not necessary to this Petition)
..Respondents/Petitioner &
Respondents in -do-
| Contd..2...
2
Petition under Section 151 of C.P.C., praying that in the
circumstances stated in the counter affidavit filed herein, the High
Court may be pleased to vacate the interim order dated 20-07-2018
granted in I.A.No. 1 of 2018 in A.S.No. 800 of 2018.
These petitions coming on for hearing, upon perusing the Petition
and the affidavit filed in A.S.No. 800 of 2018 and counter affidavit filed
in |.A.No. 1 of 2018 in A.S.No. 800 of 2018 and order of High Court
dated 20-07-2018 made therein and upon hearing the arguments of
Sri R.V.S.N. Varma, learned counsel representing Sri 'Challa Ajay
Kumar, Advocate for the Petitioner in 1.A.No. 1 of 2018 and Respondent
No. 1 in |.A.No.1 of 2019 and of Sri V.S.R. Anjaneyulu, Advocate for the
Respondent Nos. 1 and'2 in I.A.No.1 of 2018 and Petitioners in |.A.No. 1
of 2019, the Court made the following
ORDER:-
"Heard Sri R.V.S.N.Varma, learned counsel representing Sri
Challa Ajay Kumar, learned counsel for the petitioner in 1.A.No.1 of
2018 and Sri V.S.R.Anjaneyulu, learned counsel appearing for
respondents 1 and 2 in |.A.No.1 of 2018.
By an order dated 20.07.2018 in I.A.No.1 of 2018, this Court
when was at Hyderabad, passed an order granting interim stay
subject to certain conditions. One of the conditions included
deposit of Rs.1,45,000/- p.a. as a pre-condition for stay and it
should be deposited within six months from the date of the above
order. The condition so imposed further states that the petitioner
should continue to deposit such an amount annually till the appeal is
disposed of. Costs were also directed to be deposited in entirety
within four months. In spite of granting sufficient time, learned
counsel for the petitioner in 1.A.No.1 of 2018 is not in a position to
state whether these conditions have been complied with till now.
Even this day, it is represented on behalf of the petitioner that his
learned counsel is unable to contact him to know about compliance
or otherwise of the order referred to above.
For such reason, on behalf of respondents 1 and 2, |.A.No.1 of
2019 is filed and complaining that the above order granting interim
stay has not been complied with so far. Thus, in 1.A.No.1 of 2019,
the order so passed on 20.07.2018 in 1.A.No.1 of 2018 is sought to
be vacated. ;
Sri V.S.R.Anjaneyulu, learned counsel for respondents 1 and 2
reiterated the same stand of non-compliance.
It appears that it is certain that the petitioner in |.A.No.1 of
2018 has failed to comply with the orders of this Court dated
20.07.2018. For such reason, for last two years, no information is
furnished to this Court of complying with such orders. Having
obtained such order, it did not augur well for the petitioner, in not
complying with such conditions or in furnishing any information
thereof.
Contd..3...
In the above circumstances, the order so passed on 20.07.2018
should be vacated for non-compliance.
In the result, the order dated 20.07.2018 in 1.A.No.1 of 2018 is
vacated.
Consequently, |.A.No.1 of 2019 is allowed."
Sd A Surya pre ee
asaR
DEPUTY REGISTRAR ao
L Ans
[TRUE COPY// _SECTION OFFICER
For
To
1.The XVI Additional District and Sessions Judge, Nandigama, Krishna District.
2.One CC to Sri V.S.R. Anjaneyulu, Advocate (OPUC)
3.One CC to Sri Challa Ajay Kumar, Advocate (OPUC)
4.One spare copy
TKK
HIGH COURT
MVR.J
DATE: 22-01-2021.
ORDER
1.A.No. 1 of 2019
IN
l.A.No. 1 of 2018
IN
AS. No. 800 of 2018
INTERIM ORDER
IS VACATED
17 FEB?
