Citation : 2023 Latest Caselaw 962 AP
Judgement Date : 20 February, 2023
IN THE HIGH COURT OF ANONRA PRADESH AT AMARAVATT MONDAY, THE TWENTIETH DAY OF FEBRUARY - TWO THOUSAND AND TWENTY THREE 'PRESENT: THE HONOURABLE SRI JUSTICE RAV! CHEEMALAPA iA No. 7 OF 2025 IN CRP NO: 379 OF 2023 Between: K Narasimha Rao, Sfo Rishna Murthy, Aged about S7 years, Goo Busin Rio Flat No. 7, Ground floor, Koneru Plaza, Near Svrew Bridge, Kala 3 Nagar Vijayawada, NTR District . Patitionen JOR AND Allud Bramahaiah, W/o Venkata Subbaiah, Aged about 87 years, Dee: Praperties, R/o Mannem Van Steet, D. No.8 V/G/2t, Managaiagin, Guntur District ResoondenviDHR Gaunsel for the Petitioner <SRIM K RAJ KUMAR Counsel forthe Respondent: --- Petitions under Section 157 OPC praying thal in the ci reuristance Slaied in the affidavit fled in support of fhe petition, the High Court may be plimased to grant stay of all further proceedings in pursuant orders in EA Neo. 6/2023 in EP No. (S/202e | i OS. Noah of 2018 on the fle of the court of the H Additional Seniar Givi Judge, Viayawada NTR District, pending disposal of CRP No.g71 of 2023, on the Sle of the High Court. The court whie directing issue of noties fo the Respanderits herein to show cause as to why this application should not be complied with, made the following oderiThe receipt of this arder will be deemed fo be the reomipt of notice i the case}. The Gourt made the following ORDER:
"Learned counsal for the petitioner submitted that respondent got fled
O.3.Ne.378 of 2018 on the le of the ff Additional Senior Civ Judge, Vijayawada, for aviction, The said Sulf was decread on 04.08.2022 wherein the -- petitioner got filed Copy Application, dated 24.08.2022, for furnishing copy of the Deeree and Judgment in the said Sult and the same was returned with an objection and the petitioner re-submitted the same under G.L.No.$4 of 2023, dated 06.07.2023. In the mean while, the respondent herein fled E.A. 6 of 2023 in E.P.No.188 of 2022 and without even notice to the petitioner herein, the Court below alowed the said E.A. filed under Order 21 Rule 3403) and Section
484 af the Code of Civil Procedure, to break open the lock of the scheduls nroperty in order to execute the Decres.
Learned counsel for the petitioner further submitted that Hf the order in the E.A. is allawed to be continued, the petitioner's rights will be adversely affected and the purpose of filing the present Revision alse will be defeated.
Heard.
Psrused the Record.
Taking into consideration the submissiona of the learned come! for the petitioner and the grounds raised in the Revision, prima facie, this Goun finds that there is point for consideration in the Revision Petition and in the meantime if the impugned order In the Execution Application is allowed to be executed, the purpose of fling this Revision Petition will be defeated and the petitioner will be adversely affected. As such, this Court is inclined te grant the following order:
There shail be stay of all further proceedings pursuant to the arders in & A.No8 of 2023 in E.P.NG.188 of 2022 In O.S.No75 of 2018 on the Me of the learned if Additional Senior Civi Judge, Vilayawada, NTR District, for a period of four (4) weeks."
Sd. KJ. RAIA BABU ASSISTANT REGISTRAR NTRUE COPY! eo
4. The ff Additional Senior Chil Judge, Viyawada NTR District.
3. Afluri Gramahaiah, iAivfo Venkata Subbaiah, Rio Manner Vari Steal, D.No. 61/9/21, Managalagir, Guntur District (by RPAD)
3. One CC to Sri. MK Rai Kumar, Advacaia FOPUC)
4 One spare copy.
HIGH COURT
RG
DATED 20/02/2023
ORDER
IA NOW OF 2023 IN GRP.No.S?4 of 2023
INTERIM STAY
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