Manojari Narahari vs M. C. Kondaiah
2021 Latest Caselaw 3476 AP

Citation : 2021 Latest Caselaw 3476 AP
Judgement Date : 13 September, 2021

Andhra Pradesh High Court - Amravati

Manojari Narahari vs M. C. Kondaiah on 13 September, 2021

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                     MAIN CASE No.C.C.No.922 of 2021
                                  PROCEEDING SHEET

Sl.                                                                         Office
                                        ORDER

No      DATE                                                                Note
7     13.9.2021 RRR, J

The land admeasuring Ac.1.20 cents in Sy.No.566 of Mamillapalle, Kadapa District was subject matter of litigation under O.S.No.156 of 2012 in the Court of the VI Additional District Judge, Kadapa. This suit was dismissed by the Judgment and Decree dated 27.11.2017.

Aggrieved by the said order, the petitioners herein had moved this Court by way of A.S.No.409 of 2018. By an order dated 30.04.2018 in I.A.No.1 of 2018, this Court had directed the respondent not to alienate or create third party interest over the said land.

The petitioners have now filed the present contempt case on the ground that the respondent, while the appeal was pending, and the above order was in force, had alienated the said land by way of a deed of sale, dated 19.10.2020, registered as Document No.6962 of 2020 in the office of the Joint Sub-Registrar, Kadapa Rural.

The respondent, after notice, has appeared through the counsel and filed his counter affidavit. It is the case of the respondent that even though he received notice of the appeal in the year 2018, he was not informed about the orders of this Court dated 30.04.2018 and that he was unaware of the said order. He further submits that he was forced to sell the land on account of various financial pressures and on account of his ignorance of the order of this Court, dated 30.04.2018.

Prima facie, the contention that the respondent was not aware of the interim directions granted by this Court even after he had received notice of the pendency of the appeal, is not tenable.

Issue Form-I notice to the respondent.

Post on 30.09.2021.

_________ RRR, J RJS