Andhra Pradesh High Court - Amravati
Lions Club vs Lingam Venkata Rao Dorababu on 24 March, 2021
[ 3239 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE TWENTY FOURTH DAY OF MARCH,
TWO THOUSAND AND TWENTY ONE
:PRESENT: |
THE HONOURABLE SRI JUSTICE K SURESH REDDY
IA No. 2 OF 2021
IN
AS NO: 107 OF 2021
Between:
Lions Club, Kakinada Town, Charitable Trust, Represented by its Revula
Venkataramana Rao, S/o Satyanarayana, aged about 70 years, Doctor, Abala
Santhibhavan, Ramaraopeta, Kakinada, East Godavari District.
. Petitioner
(Petitioner in AS 107 OF 2021
on the file of High Court)
AND
1. Lingam Venkata Rao @ Dorababu, S/o Satyanarayana, aged 59 years,
Cultivation, R/o Panasapadu Village, Samalkota Mandal, East Godavari District.
2. Lingam Tirupati Rao, S/o Suryanatayana, aged about 44 years, Cultivation,
Pallapu veedhi, Panasapadu Village, Samalakota Mandal, representing Villagers
of Panasapadu Village andthe Devotee of Sri Seetharama Swamy Vari
Devasthanam, Panasapadu, Samalkota Mandal, East Godavari District.
3. Sri Seetharama Alayam Committee, Samkshema Sangam, Represented by its
President Sathi Satyanarayana (Died)
G. Veerabhadrarao (Died),
G. Sathibabu, S/o Veerabhadrarao, aged about 65 years, Cultivation,
Gokavaram Village and Mandal, East Godavari District.
6. G. Siva, S/o Veerabhadrarao, aged about 60 years, Cultivation, Gokavaram
Village and Mandal, East Godavari District.
7. G. Venkateswara Rao, S/o Veerabhadrarao, aged about 58 years, Cultivation,
Gokavaram Village and Mandal, East Godavari District.
8. G. Appa Rao, S/o Veerabhadrarao, aged about 40 years, Cultivation, Gokavaram
Village and Mandal, East Godavari District
(Respondents No.3 to 8 herein are not necessary to this Petition) -
of
...Respondents
Plaintiffs/Defendants
(Respondents in-do-)
Counsel for the Petitioner : SRI T.V.JAGGI REDDY
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 suspend the
decree and judgment in O.S. No.45 of 2009, dated 17-12-2019, on the file of the Court
of the VI Additional District Judge, Kakinada pertaining to Registered Gift deed, dt:1-6-
2006 executed in Favour of Defendant No.3, pending disposal of AS No. 107 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).
ORDER:
"The 3 defendant in O.S.No.45 of 2009 on the file of the Court of VI ©
Additional District Judge, Kakinada is the appellant herein.
Respondent Nos.1 and 2 filed the said suit seeking to set aside the sale
deed, dated 21-02-2007 in favour of the 2" defendant arid also for setting aside
the gift deed, dated 01-06-2006, deed to have been executed by the 1° defendant
in favour of the appellant. After full-fledged trial, the learned VI Additional District
Judge, Kakinada by way of a judgment and decree, dated 17-12-2019, allowed the
suit. Aggrieved by the said judgment and decree, the 2"? defendant filed the
present Appeal.
Now, it is contended by the learned counsel for the petitioner/appellant that
right from the date of execution of the gift deed, the appellant is in possession
and enjoyment of the suit schedule property.
In that view of the matter and for the reasons stated in the affidavit filed in
support of the application, there shall be an interim stay of all further proceedings
pursuant to the judgment and decree, dated 17-12-2019, passed in O.S.No.45 of
2009 by the VI Additional District Judge, Kakinada insofar as the
petitioner/appellant is concerned i.e., gift deed, dated 01-06-2006."
} | | Sdi- -M. "Suryan ha Reddy
IITRUE COPYI/
To,
1. The VI Additional District Judge, Kakinada
2. Lingam Venkata Rao @ Dorababu, S/o Satyanarayana, R/o Panasapadu Village,
Samalkota Mandal, East Godavari District.
3. Lingam Tirupati Rao, S/o Suryanarayana, Pallapu veedhi, Panasapadu Village,
Samalakota Mandal, representing Villagers of Panasapadu Village and the
Devotee of Sri Seetharama Swamy Vari Devasthanam, Panasapadu, Samalkota
Mandal, East Godavari District. (Addresses 1 & 2 By RPAD)
One CC to Sri. T.V. Jaggi Reddy, Advocate [OPUC]
One spare copy
ok
MM
HIGH COURT
KSRJ
DATED:24/03/2021
ORDER
IA No. 2 OF 2021
IN
AS NO: 107 OF 2021
INTERIM STAY
34 MAR P71
