Andhra Pradesh High Court - Amravati
Saragadam Satyanarayana vs Theeda Kanaka Mahalakshmipathi ... on 8 November, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE No.A.S.No.645 of 2015
PROCEEDING SHEET
Sl.No DATE Office
ORDER
Note
08.11.2021 RRR, J
I.A.No.4 of 2019
The petitioners/appellants, aggrieved by the
decree and judgment of the XIII Additional District
Judge, Visakhapatnam, Gajuwaka dated 27.04.2015 in
O.S.No.400 of 2007, had filed the above appeal.
In A.S.M.P.No.1929 of 2015, filed for stay of all
further proceedings pursuant to the decree and
judgment, this Court by order dated 29.09.2015 had
granted an interim stay of execution of the said
decree and judgment on condition of the
petitioners/appellants depositing the entire suit costs
as well as a sum of Rs.2,500/- per month to the credit
of the suit till the disposal of the appeal. The order
also stipulated that the amount so deposited shall
abide by the result of the appeal.
The petitioner did not comply with the said
order and has subsequently filed the present
application for extension of time for complying with
the said orders of this Court. The explanation given
was that the 2nd petitioner/2nd appellant, who is the
son of the 1st petitioner/1st appellant had been looking
after the litigation and had passed away immediately
after the order of this Court had been given. The 1st
petitioner/1st appellant now states that he was unable
to pursue the matter as he was bedridden.
The respondents have taken the stand that the
1st petitioner/1st appellant was hale and healthy and
had no difficulty in moving around as he was
attending the trial Court in the execution petition filed
for implementation of the judgment and decree.
In view of the fact that this Court had earlier
directed that the amounts paid by the petitioners/
appellants would abide by the result of the appeal,
non-payment of the said amounts would not really
prejudice the respondent in the event of the entire
amount being paid even as on today. However, the
petitioners/appellants would still be required to pay
some additional amount as compensation for the
delay in such payments.
In the circumstances, the time granted by this
Court in the year 29.09.2015 in A.S.M.P.No.1929 of
2015 is extended for a further period of four weeks
from today.
This application is disposed of with a direction
to the petitioners/appellants to pay the entire amount
payable from September, 2015 till today at the rate of
Rs.2,500/- per month and the suit costs of
Rs.43,697/- to the credit of the suit before the trial
Court within four weeks from today. Upon such
payment being made, the respondents are entitled to
withdraw the costs without furnishing any security.
The petitioner shall also remit a sum of
Rs.40,000/- as compensation, within four weeks from
today, for the delay in depositing the above amounts,
and this amount shall also abide by the result of the
appeal.
_________
RRR, J
Js.
Issue CC in two days
