Cherukuri Narasimha Rao vs Cherukuri Bhanu Krishna
2022 Latest Caselaw 5659 AP

                             HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:         A.S.No.153 of 2022
                                 PROCEEDING SHEET
Sl.N      Date                              ORDER                        OFFICE
 o.                                                                       NOTE

                    BSB, J
       26.08.2022
                                   I.A.No.1 of 2022
                        Since the decree for declaration of title and
                    recovery of possession of the entire suit
                    schedule property was granted stipulating time
                    for recovery of possession and the said time
                    expired, the petitioners/defendants apprehend
                    execution of the entire decree, the learned
                    counsel for the petitioners sought interim stay
                    of the operation of the decree and judgment.
                        The       learned      counsel     for    the
                    respondent/plaintiff submitted that the claim of

the defendants is only in respect of half of the item No.1 of plaint schedule which is separately shown as item No.2 and, therefore, there is no claim by them in respect of the other part of item no.1. Since hearing of appeal needs time and meanwhile if the impugned decree is executed, the petitioners/appellants would be put to hardship. As such, stay can be granted in respect of item no,.2 of the plaint schedule which is southern part of item no.1.

Accordingly, this petition is allowed. It is made clear that the respondent is at liberty to get the other part of decree executed through process of law.

Post the appeal after three (3) months. Meanwhile, Registry is directed to call for the lower court record.

_________________ B.S.BHANUMATHI,J

PNV