Andhra Pradesh High Court - Amravati
Mochi Raghuram Singh vs Nanda Kishore Narang on 20 April, 2023
Bench: A V Babu
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--iH
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
THURSDAY, THE TWENTIETH DAY OF APRIL,
TWO THOUSAND AND TWENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE A V RAVINDRA I
IANo.1 OF 2023
•iN
AS NO'.`12O.OF 2O23 r
Betwee n :
1. Mochi Raghuram Singh, d'led
2. Mochi Sujatha Bai, W/o Raghuram S-Ingh, 48 yrs
D.No31-2-19, Mochi
street RajamahendraVaram East Godavar'l District
3. Mochi Tulja bhavani Bhai, W/a.I Pasala Bhaskar,
-
31 yrs) D.No 27=02-
708, CPM off-lee road Balaji Nagar, Nellore
D.No31-2-19, Mochi
4. Mochi Pavani Bai, D/a Raghuram Singh, 29 yrs
Street RajamahendraVaram-East Godavari District
D.No31-2-19l
5. Mochi
```--`Baby Lakshmi, W/o Raghuram Singh, 27 yrs
`` _ -___ I . -® i__I __
fp--
Mochi Street RajamahendraVarain East Godavar'l District
...Petitioners
(petitioner in AS 120 0F 2023
on the file of High Court)
AND
1. Nanda Kishore Narang, S/o Vishi`ndas, 61 yrs Business R/o 46-12-17/1
Danavaipet, RajamahendraVaram East Godavari District r~
2. Kamal Narang, S/oVishindas, 57 yrs Business R/o46-12-17/1 r
Danavaipet, RajamahendraVaram East Godavar'l District
... Respondents/Plaintiffs
(Respondents in-dO-)
counsel for the petitioners I. sRl' SIVA NAGARJUNA SIDHADAPU
counsel forthe Respondent : ,--TL ,'
petition under section 151 I CPC is filed Praying that in the
circumstances stated in the aff'ldaVit filled in suppoh of the petition, the High
couit may be pleased to grant stay of a" further proceedings including
execution of the decree and judgment in os.No.190 of 2015 on the f'lle Of the
principal District Judges Court, East Godavari District, at
RajamahendraVaram, Pend'lng diSPOS,a! Of AS No.120 of 2023, on the file Of I .
the High Court.
The court while directing iSSue^`Of notice tO the Respondents herein tO
show cause as to why this application should not be complied with, made the
following (The receipt of this Order Will`be deemed tO be the receipt Of notice in
the case)
i.
I ' *
ORDER..
EfHeard the COunSel for the Petitioner. This matter Came before me
today upon ment-lonllng made 9n` 19.O4.2023. The defendant filed
I. =l\I .\'
A.S.No.120 of 2023 questioning the Judgment Of the Court below in
declaring the t'ltle of the plaintiff and d-[recting the defendant to deliver
vacant possession.
when I.A.No.1 of 2O23 was con-lng On 28.03.2023, learned COunSel
for the appellant did not place any information as to the pendency of the
Execut-lan Proceed-lngS and he represented that aS On that date nO E.P is
pend-Ing. Therefore this Court Ordered notice.
By virtue Of additional aff'ldaVit filed, Which iS reCe-lVed in I.A.No.2
of 2023, decree holder already filed E.P.No.10 of 2023 in wh-lCh del-Ivory
is ordered, ,I
Learned Counsel for the Pet`it-lbner Subm-Its that if at all delivery iS
' (..:
effected, the appellant will be bJut to great inCOnVen-lenCe and the
appellant is ready to depos-lt trfe §irit costs and also damages awarded
by the court from the date of suit and as on date.
Having regard tO the urgency reported, taking into COnSideratiOn
the fact that already the executing bouri ordered delivery -Interim Stay iS
granted subject to appellant depos-lting the suit costs and further
deposit-lng damages at the rate of R`§. goo/- per month from the date Of
suit and as on date w-lthin a per-IOd\Of two (O2) weeks from this day. Th-ls
stay order sha" come into operat-Ion 'lmmediately and 'lf the pet-ltioner
fails to pay the su-lt costs and damages as above with-ln two (o2) weeks
RI T`B
from this day, the interim stay sha" stands vacated automatically. The
petit'loner is further directed to continue to deposit an amount of Rs.
5OO/-every month, Pending disposal Of the appeal. \
L-lst the Appeal On O4,05|2023v-I"
sd/-u. SRI DEVI
ASSl STALZREGISTRAR
IITF\uE QOPYI I
For
r`.
i SECTION OFFICER
To'1. The Principal District Judges Court, East Godavari District, at
Rajamahendravaram
2. Nanda Kishore Narang, S/o Vishindas, 61 yrs Bus'lness R/o 46-12-17/1
Danavaipet, Rajamahendravara.m East Godavari District
3. Kamal Narang, S/o Vishindas, 57 yrs Business R/o 46-12-17/1
Danavaipet, Rajamahendravaram East Godavari District (Addressee
Nos.2 & 3 By RPAD)
4. One CC to Sri. Siva Nagarjuna Sidhadapu, Advocate [OPUC]
5. One spare copy
MM
HIGH COURT
AVRBJ
DATED :20/04/2O23
NOTE: LIST THE APPEAL ON 04.05.2023
ORDER
lANo.1 OF2O23
lN
AS NO.-120 OF 2023
INTERIM STAY
