Budharaju Venkata Ramanamurthy vs Kolupuru Venkata Rao
2021 Latest Caselaw 2445 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: AS No. 579 of 2019

                                  PROCEEDING SHEET

Sl.
                                              ORDER

No      DATE

2.    16.07.2021   CPK, J & BKM, J

                                           IA No. 1 of 2021
                                                  In
                                          I.A.No. 1 of 2019

This application is filed under Section 151 CPC by the petitioner/respondent/decreeholder seeking to vacate the order of stay granted by this Court on 13.09.2019.

A perusal of the material on record shows that a suit in OS No.18 of 2016 on the file of the Court of Special Judge for trial of Cases under the SC & ST (PoA) Act-cum-Additional District Judge, Vizianagaram, filed for specific performance of agreement was partly decreed. Pursuant thereto, in terms of the said Judgment and decree, the petitioner /respondent deposited a sum of Rs.1,30,00,000/- before the trial court.

Sri Vedula Venkata Ramana, learned senior counsel appearing for the petitioner submits that in view of the stay granted by this Court on 13.09.2019 in IA No.1 of 2019 in AS No.579 of 2019, the amount so deposited by the respondent/appellant would not enure to the benefit of any of the parties. He therefore, seeks a direction to the trial court to permit the decreeholder to withdraw the amount deposited by him pursuant to the Judgment and decree passed by the trial court.

Sri G.V.S.Mehar Kumar, learned counsel for the appellants-J.Dr. submits that the respondent has no objection for withdrawal of the amount so deposited pursuant to the Judgment and Decree passed by the trial court in OS N o.18 of 2016.

Recording the submissions made by both the counsel, the decreeholder is permitted to withdraw the amount deposited by him pursuant to the Judgment and Decree dated 03.06.2019 passed in OS No.18 of 2016 on the file of the court of the Special Judge for trial of Cases under SCs & STs (PoA) Act -Cum- Additional District Judgment, Vizianagaram, Vizianagaram District, by filing an appropriate application before the trial court.

It is made clear that the interim order dated 13.09.2019 shall remain in force and the same is not disturbed except to the extent indicated above.

Accordingly, IA is disposed of.

___________ CPK, J

___________ BKM, J Mjl/*