HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE No.: A.S.No.215 of 2017
PROCEEDING SHEET
Sl. Office
ORDER
No DATE Note
11. 02.05.2022 SRK, J
I.A.No.1 of 2022 Transfer
The present petition is filed seeking stay of red to I/O all further proceedings in E.P. No.52 of 2019 in folder before O.S.No.218 of 2012 on the file of the Special Judge correcti on for trial of cases under the SCs and STs (PoA) Act- cum-X Additional District Judge, East Godavari at Rajahmundry.
Heard the learned counsel for the petitioner and the learned counsel for respondent.
Respondent herein filed O.S.No.218 of 2012 before the Court below against the petitioner herein seeking declaration of his title over the plaint schedule property and for recovery of possession and for future damages at Rs.10,000/- per month and for costs. The trial Court, vide judgment and decree dated 31.10.2016, decreed the suit with costs declaring title of the respondent herein over the plaint schedule property and directing the petitioner herein to deliver possession of the property within three months from the said date, and also directing the petitioner herein to pay future damages at Rs.10,000/- per month from the date of the suit till the date of delivery of recovery of the plaint schedule property. Aggrieved by the same, the petitioner herein filed the aforesaid appeal.
This Court, vide order dated 15.03.2017 in A.S.M.P. No.542 of 2017, granted stay of execution of the decree insofar as delivery of possession is concerned.
It is stated in the affidavit filed in support of the petition that the respondent herein filed E.P. No.52 of 2019 before the Court below seeking arrest of the petitioner herein stating that the petitioner herein intentionally evading to pay Rs.8,03,330/-, being the damages awarded by the trial Court, together with suit costs of Rs.2,06,298/- though he has sufficient means to pay the same.
Having heard the learned counsel for the parties and having regard to the fact that appeal preferred by the petitioner against the said judgment and decree is pending, there shall be interim stay of all further proceedings in E.P.No.52 of 2019 in O.S.No.218 of 2012 before the Court below, pending disposal of the appeal, subject condition of the petitioner depositing 50% of the E.P. amount, together with entire costs of the suit, within a period of six weeks from today, and continue to deposit Rs.10,000/- (Rupees ten thousand only) per month to the credit of the suit, on or before 5th, commencing from the month of May, 2022. It is made clear that on such deposit, the respondent is at liberty to withdraw 50% of the amounts deposited by the petitioner without furnishing any security.
Accordingly, the petition is ordered.
________ SRK, J DRK
