Citation : 2022 Latest Caselaw 7095 AP
Judgement Date : 15 September, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO: A.S.No.224 of 2022
PROCEEDING SHEET
Sl.N Date ORDER OFFICE
o. NOTE
15.09.2022 BSB, J
I.A.No.1 of 2022
This petition is filed to suspend and stay of
all further proceedings of judgment and decree
dated 16.08.2022 passed in O.S.No.168 of 2018
on the file of IV Additional District Judge,
Kakinada.
Learned counsel for the
petitioner/appellant submitted that the Civil
Court has no jurisdiction in this matter since the
first respondent/plaintiff has allegedly
purchased the property in an auction conducted by the Debt Recovery Tribunal and further that the appellant was not served any summons in the suit and he has a good case in the suit. He further submitted that since the trial Court has not given any time for recovery of the possession of the property while decreeing the suit against the appellant/D-1, the appellant may be dispossessed at any time and, therefore, there is an urgent need to grant orders sought for in this application.
In view thereof, post on 11.10.2022. Notice to the respondent No.1. R-2 is shown as not necessary party. Learned counsel for the petitioner is permitted to take out personal service of notice to R-1 through RPAD and file proof thereof.
Post on 27.09.2022.
Till then, interim stay as prayed, is granted.
_________________ B.S.BHANUMATHI,J
PNV
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