Kothuru.Kalanidhi, vs Medarametla Vijay Raj Kumar,
2021 Latest Caselaw 3880 AP

              HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                         MAIN CASE No.A.S.No.630 of 2017


                                      PROCEEDING SHEET

Sl.No     DATE                                                                Office
                                              ORDER

Note 01.10.2021 RRR, J I.A.No.1 of 2021

The petitioner/respondent/plaintiff had filed O.S.No.354 of 2012 before the II Additional District Judge, Guntur for recovery of Rs.15,51,000/- from the appellant/defendant on the ground that the said amount had been advanced to the appellant herein as a loan for which a promissory note had also been executed. After completion of the trial, the suit was decreed by the Trial Court by order dated 30.01.2017. Aggrieved by the same the appellant herein had approached this Court by way of the present appeal.

This Court, by order dated 20.07.2017 granted stay of operation of the decree and judgment on condition of the appellant depositing half of the decretal amount along with costs. Subsequently, time for depositing the amount was extended and the appellant has deposited the said amount into the Court.

The present application, for withdrawing the deposited amount, by the petitioner/respondent was filed on 27.03.2021. However, no counter affidavit has been filed by the respondent in this application.

When the matter came up on 23.09.2021 as there was no representation for the appellant in the appeal, the matter was directed to be posted today. There is no representation for the petitioner today also.

Sri G.V.S. Mehar Kumar, learned counsel appearing for the petitioner/plaintiff submits that the petitioner/plaintiff is not able to enjoy the fruits of the decree, despite having obtained the decree in the year 2017 in a suit filed in the year 2012.

In the circumstances, this application is allowed permitting the petitioner to withdraw the costs and half of the amount deposited towards the decretal amount without furnishing any security and the remaining half of the amount deposited would be withdrawn by providing security to the satisfaction of the trial Court.

_________ RRR, J Js.

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