Andhra Pradesh High Court - Amravati
The Superindenting Engineer vs B Janardhana Naidu on 29 January, 2021
Bench: M.Venkata Ramana
FRIDAY, THE TWENTY NINTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT: :
THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA °
IA No. 3 OF 2019
IN
AS NO: 571 OF 2019
Between:
1. The Superintending Engineer, Andhra Pradesh Central Power Distribution
Company Ltd., Vidyuth Bhavan, Kurnool.
2. The Divisional Engineer, Operation, Andhra Pradesh Central Power Distribution
Company Ltd., Vidyuth Bhavan, Kurnool.
3. The Assistant Divisional Engineer, D-II! Section, Nandyal, Kurnool District.
...Petitioners/Appellants
(Appellants in AS 571 OF 2019
on the file of High Court)
AND
1. B Janardhana Naidu, S/o Bala Subbaiah, R/o H.No.23/735, N.G.O's Colony,
Nandyal Town, Kurnool District.
2. The Government of Andhra Pradesh, Rep. by its District Collector, Kurnool.
(R-2 herein is not necessary party to this appeal)
...Respondents/Respondents
(Respondents in-do-)
Counsel for the Petitioners : Sri Y Nagi Reddy
Counsel for the Petitioner No.1 : Sri M Rammohan
Petition under Order 41 Rule 5 R/w Section 151 CPC praying that in the
circumstances stated in the affidavit filed herein, the High Court may be pleased to
grant stay of all further proceedings including execution of the Decree and Judgment
made in O.S.No.42 of 2012 on the file of the Court of the III Additional District Judge,
Kurnool at Nandyal, dated 19-01-2018, pending disposal of AS No. 571 of 2019, 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).
ORDER:
Heard Sri Y. Nagi Reddy, learned Standing Counsel for the appellants and Sri M.
Ram Mohan, learned counsel for the 1" respondent.
In as much as, there are several issues left open for consideration in this appeal,
there shall be interim stay of all further proceedings including execution of decree and
judgment dated 19.01.2018 in O.S. No. 42 of 20212 on the file of the Court of learned III
Additional District Judge, Kurnool at Nandyal, until further orders, subject to the
petitioners/appellants depositing 50% of the decretal amount including full costs awarded
by the trial Court to the credit of the above suit within six weeks from the date of receipt of
a copy of this order.
On such deposit, the 1° respondent is permitted to withdraw the suit costs only,
without furnishing any security.
Notice.
Sd/- Ch.V. Subrahmanya Sarma
/TTRUE COPYI/
For ASSISTANT REGISTRAR
To,
The III Additional District Judge, Kurnool at Nandyal,
B Janardhana Naidu, S/o Bala Subbaiah, R/o H.No.23/735, N.G.O's Colony,
Nandyal Town, Kurnool District. (BY RPAD)
One CC to Sri. Y Nagi Reddy Advocate [OPUC]
One CC to Sri. M Rammohan, Advocate [OPUC]
One spare copy
NO --
ak o&
Skm
HIGH COURT
MVR,J
DATED:29/01/2021
ORDER
1A. no. 3 OF 2019
In
AS.No.571 of 2019
DIRECTION
