Citation : 2023 Latest Caselaw 2042 AP
Judgement Date : 18 April, 2023
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: A.S.No.53 of 2023
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
07. 18.04.2023 DVSS, J & SV,J
Heard learned Senior Counsel
appearing for the respondents and Sri
E.V.V.S.Ravi Kumar, learned counsel for the
appellants.
One of the main issues raised by the
learned counsel for the appellants is the award
of costs of Rs.13,92,169/- of which the
advocate fee itself is Rs.12,63,240/-. As rightly
pointed out by the learned counsel for the
appellants in a suit for the declaration and
title, the upper limit as fixed by the advocate
fee rules framed by the High Court of Andhra
Pradesh is Rs.1,50,000/- only.
This is matter, which in the opinion of
the Court requires further investigation and
decision.
Since the First Appeal is continuation
of the suit and as possession has been ordered
to be delivered, there shall be interim stay of SL. DATE ORDER OFFICE NO. NOTE the Judgment and decree including costs
awarded. However, it is made clear that the
enquiry for mesne profits can go on, if an
appropriate application is filed. It is pre
condition for the stay that the appellants shall
have to deposit the Court fee of Rs.1,28,826/-
and also advocate fee of Rs.1,50,000/-, which
shall be withdrawn by the respondents
without furnishing any security. The said
deposit should be made within a period of six
(6) weeks from the date of receipt of a copy of
this order. It is made clear that if such deposit
is not made, stay shall be vacated
automatically.
__________ DVSS,J
_________ SV,J
ANI SL. DATE ORDER OFFICE NO. NOTE
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