Bandaru Sridhar Kumar vs Bandaru Nataraj Kumar
2023 Latest Caselaw 2099 AP

Citation : 2023 Latest Caselaw 2099 AP
Judgement Date : 19 April, 2023

Andhra Pradesh High Court - Amravati

Bandaru Sridhar Kumar vs Bandaru Nataraj Kumar on 19 April, 2023

Bench: Dr V Sagar

                                        1


               HIGH COURT OF ANDHRA PRADESH : AMARAVATHI

                    MAIN CASE No: S.A.No.141 of 2023

                               PROCEEDING SHEET

Sl.                                                                         OFFICE
No      DATE                                ORDER                            NOTE
4.    19.04.2023
                   Dr.VRKS,J

                                   I.A.No.1 of 2023
                           This application is filed to condone the
                   delay of 47 days in filing the Second Appeal.
                           There   is       no    representation      for
                   appellant/petitioner. It was so on 17.04.2023
                   also.
                           Learned counsel for the respondent is in

attendance and submits that the counter affidavit was already filed.

On 31.03.2023, while this application came up for hearing as by then counter was not yet presented, while time was granted it was recorded that "it is hoped that the execution proceedings would not be pressed till this application is disposed of."

Arguing about the above directions, the learned counsel for the respondent submits that today as well as in the earlier occasions the appellant has not been coming up to prosecute the case. When I.A.No.1 of 2023 is pending the above recorded order cannot be sustained in view of the Judgment of the Hon'ble Supreme Court of India in

"Raghavendra Swamy Mutt Vs. Uttaradi Mutt (2016 (3) ALD 199 (SC))."

In view of the fact that the appellants having availed the order have always been expected to pursue this I.A.No.1 of 2023 expeditiously which they have failed.

Therefore, it is recorded that the parties are at liberty to proceed with the execution which is pending in the executing Court.

For hearing of I.A.No.1 of 2023, list the matter after four (04) weeks.

_____________ Dr.VRKS,J

MSI

Note:- Issue C.C. by 21.04.2023.