K Nagabhushanam vs T Ashok Reddy
2022 Latest Caselaw 8707 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.497 of 2022
                                 PROCEEDING SHEET
Sl.      Date                              ORDER                                 OFFICE
No.                                                                               NOTE

1.    14.11.2022
                   SRS,J
                                    S.A.No.497 of 2022
                          Defendant in the suit filed the present second
                   appeal aggrieved by the judgment and decree, dated
                   06.07.2022 passed in A.S.No.111 of 2017 on the file
                   of learned III Additional District Judge, Tirupathi
                   confirming    the   judgment      and       decree,   dated
                   26.08.2015 passed in O.S.No.88 of 2013 on the file
                   of learned Additional Senior Civil Judge, Tirupati.

                          Plaintiff filed the suit for recovery of amount
                   covered under pronote.

                          The trial Court decreed the suit with costs for
                   the suit amount of Rs.3,43,600/- with subsequent
                   interest at 12% per annum on the principal amount
                   of Rs.2,00,000/- from the date of filing of the suit till
                   the date of decree and thereafter at 6% per annum
                   from the date of decree till realization.

                          Aggrieved by the judgment and decree of the
                   trial Court, defendant preferred A.S.No.111 of 2017.
                   In the appeal, petitioner/defendant filed I.A.No.1316
                   of 2017 seeking stay of execution of decree and the
                   same    was   dismissed.    Aggrieved   by      the   same,
                   petitioner filed CRP No.98 of 2018.

                          Learned Single Judge of the composite high
                   Court, granted stay of execution of the decree in
 O.S.No.88 of 2013 on the condition of petitioner
depositing 50% of the decreetal amount within eight
weeks.

      A reading of the order, dated 28.09.2018
would disclose that 50% of decreetal amount was
deposited and respondent/plaintiff was permitted to

withdraw the amount so deposited.

Subsequently by judgment and decree, dated 06.07.2022, the appellate Court dismissed the appeal without taking note of the amount deposited by the petitioner.

Hence, Admit.

The following substantial questions of law arise for consideration.

1. Whether the judgment of the appellate Court is vitiated in not taking into consideration, the deposit of 50% of the decreetal amount, as directed in CRP No.98 of 2018?

2. Whether the appellant Court considered the evidence of PW1 and DW1 in proper perspective?

______ SRS,J

I.A.No.1 of 2022

Heard.

There shall be stay of of execution of decree, dated 26.08.2015 passed in O.S.No.88 of 2013 on the file of learned Additional Senior Civil Judge, Tirupati, subject to the condition of petitioner depositing ¼ of remaining decreetal amount within a period of eight weeks, failing which the interim order stands vacated without any further reference.

Issue notice to the respondent.

Learned counsel for the petitioner is permitted to take out personal notice on the respondent by registered post with acknowledgment due and file proof of service.

Post on 12.12.2022.

______ SRS,J ikn