Citation : 2023 Latest Caselaw 3797 AP
Judgement Date : 3 August, 2023
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No.: Appeal Suit No.51 of 2023
PROCEEDING SHEET
Sl.
ORDER
No DATE Remarks
02 03.08.2023 DVSS,J & DVR, J
I.A.No.1 of 2023
Heard the learned counsel for the
petitioner/appellant.
Proof of service was filed vide memo in USSR No.22447 of 2023 by the learned counsel for the petitioner. Along with the said memo, returned postal covers are filed, which contain the endorsement that 'addressee cannot be located due to insufficient address'.
Learned counsel for the petitioner states that he has taken out notice to the very same address as mentioned in the plaint and also in EP No.17 of 2023, which is filed subsequent to passing of the decree. Therefore, he submits that the respondents have deliberately avoided service of the notice.
Prima-facie examination shows that the addresses mentioned on the returned postal covers are tallying with the addresses mentioned in the execution petition, which is filed subsequent to the decree in the Court below and also the addresses in the decree. Hence, there shall be interim stay of execution of the decree and judgment dated 16.08.2022 passed in OS No.572 of 2014 on the file of the Court of the XII Additional District Judge, Vijayawada, till 31.08.2023.
Post on 31.08.2023.
__________________________ Justice D.V.S.S.SOMAYAJULU
_________________________________ Justice DUPPALA VENKATA RAMANA
Note: Furnish CC today.
(BO) Bss/PND
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