Andhra Pradesh High Court - Amravati
'\ vs Savitri Gowri on 4 August, 2023
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE FOURTH DAY OF AUGUST,
TWO THOUSAND AND TWENTY THREE
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:PRESENT:
THE HONOURABLE SRI JUSTICE A V RAVINDRA BABU
APPEAL SUIT NO: 609 OF 2019
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BeTeebna:sarI Anjaneyulu, S/o Lakshmayya, aged 50 years, Property, R/o. D. No. 9_`3`:fut~=-:~+:-+==
17/2, EP Municipal Ward, Opp. IBM Church. Vennavallivaripet, Eluru, West
Godavari Dl-strict.
2. Bhattu BhavanI', W/o. Gudapati Ushakar, aged 38 years, Property, R/a. D. No. 9-
3-17/2, EP Municipal Ward, Opp. IBM Church, VennavaIIivaripet, Eluru, West
Godavari Distrl-ct.
...Appellants/
Defendants 6 & 8
AND
1. laden Garden Development society, EIuru, rep. by its Secretary, Bandlamudi
Gnana Sundara Rao, S/o. Satyanavedam, aged 78 years, R/o. D. No. 9-3-17/2,
EP Municipal Ward, Opp. IBM Churoh, Vennavallivaripet, EIuru, West Godavari
District.
2. Vankineni Jahnsi Lakshmi, W/o. Chakradhara Rao, aged 90 years, Property, C/o.
Dr. Ch. Sudheer, R/o. D. No.12/25, Durga Enclave, Near ICICI Bank,12th Road,
Banjara Hills. Hyderabad.
3. Chalasani Revathi, W/o. B. Ratnakar Ko{nis, aged 55 ~years, Housewife, C/o. Dr.
Ch. Sudheer, R/o. D. No.12/25, Durga Enclave, Near lC'CI Bank,12th Road,
Banjara Hills, Hyderabad.
4, JasthI' Rohini, W/o. Saneevi, aged 53 years, Housewife, 7th Road, R/o. D. No.
23/6, Santhl'nagar, EIuru, West Godavari District.
5. Vankineni Sireesha, W/o. Late Srinivasa Vara Prasad, aged 48 years, property,
C/o. Dr. Ch. Sudheer, R/o. D. No.12/25, Durga Enclave, Near lCICI Bank,12th
Road, Banjara Hills, Hyderabad.
6. Vankineni Chakradha Rao @ Sai, S/o. Late Srinivasa Vara Prasad, aged 25
years, C/o.` Dr. Ch. Sudheer, R/o. D. No.12/25, Durga Enelave, Near lCICI Bank,
12th Road, Banjara Hills, Hyderabad.
7. Dasu Venkata Durga Sudhakar Babu, S/o. Soma Sekharababu, aged 40 years,
Property, R/o. D. No. 9-3-17/2, EP Municipal Ward, Opp. IBM Church,
Vennavallivaripet, Eluru, West Godavari District.
8. Kurma Anjamma, W/o. Sriramulu, aged 70 years, Property, R/o. D. No. 9-3-17/2,
EP Municipal Ward, Opp. IBM Church, Vennavallivaripet, Eluru, West Godavari
DI'StrI'Ct.
9. Dr. Rai Ramakrishna vara prasada Rao, S/o. Venkayya, aged 70 years, Doctor
and properties, R/o. D. No. 24-A-10-6/6, new MRC Hotel, Ashoknagar, EIuru,
West Godavari District
` (Respondents 2 to 9 are not necessary parties to this appeal suit) ...Respondents
Appeal Under Section 96 r/w order 41 rule 1 of CPC is f'lled against the Decree
and Judgment dt'.06.10.2017 passed in O.S.No..23 of 2009 on the flle Of the Court of
Learned I Addl. District Judge, West Godavari at Eluru. ,
I
ELNO: 2 OF 2ue
petition under section 151 CPC is filed praying that in the Circumstances Stated in
the affidavit f-lled in support of the petition, the High Court may be pleased tO Order Stay Of
execution of Decree and judgment dated 06.10.2017 passed in O.S. No.23/2009 on the
file of the court of Learned I Addl. District Judge, W.G. Godavari at Eluru, pending
disposal of AS.No.609 of2019, on the file Of the High Court. ~~
The petition coming On for hearing, upon Perusing the Petition and the affidavit
filed in support thereof and upon hear'lng the arguments of M/s Nimmagadda Revathi,
Advocate for the Petitioner and Sri C.Prakash Reddy, Advocate for the Respondent
No.1, the Court made the following; _,
ORDER:
lIIt is brought to the notice Of the Court that there -lS Execution Petition
pending before the court below, to execute the decree im o.s.No.23 of 2009 and
now applications are also pending before the executing Court to break OPen lock
etc.... The above fact Canvassed-by the learned COunSel for the appellants is not
disputed by the learned counsel for the respondents. However, learned counsel for
the respondents made request to take up the appeal for final hearing. lt is a fact
that present appeal is coming along with the A.S.No.867 of 2O18 for hearing.
Learned counsels appearing for both Sides Submit that they are getting ready tO
advance their arguments in the appeal.
Having regard to the OVerall facts and Circumstances, -Interim Stay iS granted
staying the execution of the decree in o.s.No.23 of 2009 on the file of learned I
Additional District Judge, West Godavari District, Eluru, till 23-.08.2023.` ~
Both the parties are directed tO get ready for final hearing.
LI-St the appeal on 23.08.2023, for fl-nat hearI.ng."
Sd/- V. SAVITRI GOWRI
//TRUE COPY// ASSISTANT REGISTRAR
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sundara Rao, s/o. satyanavedam, aged 78 years, R/o. D. No. 9-3-17/2, EP
Munielpal ward, opp. IBM onurch, vennava"l'var,pet, E'uru, west Godavarl
Djstrl-ct. (by RPAD)
3. one cc to M/s NI'mmagadda Revathl', Advocate [opuc]
4. one cc to srj. c.prakash Reddy, Advocate [opuc]
5. One spare copy
MM
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HIGH COURT
AVRBJ
DATED..04/08/2023
NOTE.I LIST THE APPEAL ON 23.08.2023, FOR FINAL HEARING
ORDER
AS.No.609 of 2019
DIRECTION `l.-f;I), .i,)
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