Dilip Moti Ram Bulchandani vs Smt.Chelamkuri Amala
2021 Latest Caselaw 1446 AP

Citation : 2021 Latest Caselaw 1446 AP
Judgement Date : 8 March, 2021

Andhra Pradesh High Court - Amravati

Dilip Moti Ram Bulchandani vs Smt.Chelamkuri Amala on 8 March, 2021

Bench: M.Venkata Ramana

[3164
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE EIGHTH DAY OF MARCH, TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA

  

IA No. 2 OF 2018
&
IA No. 1 of 2021
IN
AS NO: 1950 OF 2018

IA No. 2 OF 2018 in AS NO: 1950 OF 2018

Between:
Dilip Moti Ram Bulchandani, S/o. Moti Ram V Bulchandani, Aged 54 years, Sindhi,
M/s. Dolls-n-Chic Boutique, D.No.28-1-70/1 and 2, Prakasaraopeta, Visakhapatnam.

...Petitioner / Appellant / Defendant
AND
Smt.Chelamkuri Amala, W/o. Sri C.Sambasiva Rao. Hindu, aged 58 years, residing at
500. 13th Main, 21st Cross, BSK I Stage, Bangalore-560 070.
...Respondent / Respondent / Plaintiff

Counsel for the Petitioner : M. RADHAKRISHNA
Counsel for the Respondent ~-. : P. DURGA PRASAD

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 grant stay of all further rproceedings in
pursuance of the Decree and Judgment dt. 12.10.2018, passed in Os No. 1650/ 2010, on the file
of VI Additional Senior Civil Judge Court, Visakhapatnam, including the execution thereof,
pending disposal of AS No. 1950 of 2018, on the file of the High Court.

IA No. 1 of 2021 IN AS NO: 1950 OF 2018

Between:

Smt.Chelamkuri Amala, W/o. Sri C.Sambasiva Rao. Hindu, aged 58 years, residing at 500. 13th
Main, 21st Cross, BSK II Stage, Bangalore-560 070.

... Vacate Petitioner / Respondent
AND

Dilip Moti Ram Bulchandani, S/o. Moti Ram V Bulchandani, Aged 54 years, Sindhi, M/s. Dolls-
n-Chic Boutique, D.No.28-1-70/1 and 2, Prakasaraopeta, Visakhapatnam.
...Respondent / Appellant

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 vacate the interim stay order
dated 23-11-2018 passed in LA.No. 2 of 2018 in AS.No. 1950 of 2018 and dismiss the main
Appeal Suit No.1950 of 2018 as not maintainable ,pending disposal of AS No. 1950 of 2018, on
the file of the High Court.

The petitions coming on for hearing, upon perusing the Petitions and the affidavits filed
in support thereof and the order of the High Court dated 23.11.2018, made herein and upon
hearing the arguments of Sri M. Radhakrishna, Advocate for the Petitioner/Respondent and of
Sri P. Durga Prasad, Advocate for the Respondent/Petitioner, the Court made the following:

ORDER

"Heard Sri M.Radha Krishna, learned counsel for the petitioner/appellant and Sri P.Durga Prasad, learned counsel for the respondent.

As per the decree of the trial Court, the damages for use and occupation for the demised

premises is awarded at Rs.9,000/-p.m from October, 2010 till it is delivered to the

respondent.

Sane

Mae ase ee

By virtue of interim order dated 23.12.2018, the petitioner/appellant was directed to deposit Rs.11,750/- p.m from November, 2018 onwards every month on or before 15" of succeeding month, while further directing that the amount due and payable for October, 2018 should be deposited before 15.12.2018 along with the amount due and payable from November, 2018. It is not in dispute that the petitioner/appellant is depositing the above amount, without any breach. |

Sri P.Durga Prasad, learned counsel for the respondent contended that apart from the above amount, the petitioner/appellant be directed to deposit further sum of Rs.9,000/- towards damages for use and occupation as per the decree and judgment of the trial Court. However, Sri M.Radha Krishna, learned counsel for the petitioner/appellant requests to give relaxation for Covid period.

In these circumstances, the petitioner/appellant is directed to deposit not only Rs.11,750/- p.m as directed, but also Rs.9,000/-p.m to the credit of the suit. That is to say, the petitioner/appellant shall deposit Rs.20,750/- p.m commencing from 15.04.2021 and shall continue to deposit the same amount every month on or before 15" of succeeding month. The petitioner/appellant shall deposit Rs.9,000/- p.m. from October, 2010 till February, 2020 and again at the same rate of Rs.9,000/- p.m from September, 2020 till February, 2021 to the credit of the above suit.

After depositing these amounts, the respondent is permitted to withdraw the same, without furnishing any security.

In case of default by the petitioner/appellant to deposit the amounts for any month as directed, interim stay granted earlier stands vacated automatically, without there being any further orders of this Court.

Time for deposit as stated above is two months from this day.

Accordingly, I.A.Nos.1 of 2021 and 2 of 2018 are disposed of."__ a So

Sd/-M.RameshBab ASSISTANT RE

TRAS (TRUE COPY// SECTION OFFICER

For

1. VI Additional Senior Civil Judge Court, Visakhapatnam, A.P.

2. Smt. Chelamkuri amala, W/o. Sri C.Sambasiva Rao, residing at 500. 13th Main, 21st~- Cross, BSK II Stage, Bangalore-560 070.( By RPAD)

3. One CC to SRIM. RADHAKRISHNA, Advocate [OPUC] ~

4. One CC to SRI P. DURGA PRASAD Advocate [OPUC] --

5. One spare copy /

HIGH COURT

MVRJ