Pilli Krishnakanth vs Neelamsetty Venkata Sunil Kumar
2023 Latest Caselaw 964 AP

                                     1


               HIGH COURT OF ANDHRA PRADESH::AMARAVATI

MAIN CASE No.: SA No.430 of 2022

                               PROCEEDING SHEET

Sl.
                                                ORDER

No      DATE

06    20.02.2023 DEV,J
                                          IA No.1 of 2022

Heard. In spite of service of notice, there is no appearance on behalf of the respondent.

Considering the averments made in the accompanying affidavit filed in support of the petition, in the considered opinion of this Court, the petitioner/appellant has shown sufficient cause to condone the delay of 60 days in filing this appeal.

Accordingly, IA No.1 of 2022 is allowed condoning the delay of 60 days in filing the second appeal.

______ DEV,J SA No.430 of 2022

In view of the substantial question of law raised at Ground No.16 (1 to 4), ADMIT the second appeal.

Issue notice to the respondent, Post after four (4) weeks.

______ DEV,J

IA No.2 of 2022

Heard the learned counsel for the petitioner/ appellant and perused the record.

In view of the facts and circumstances of the case, there shall be interim stay of operation of the decree and judgment in AS No.11 of 2015 dated 26.02.2022 on the file of the II Additional District Judge's Court, Visakhapatnam, preferred against the decree and judgment passed in OS No.1916 of 2011 dated 25.08.2014 on the file of the II Additional Senior Civil Judge's Court, Visakhapatnam, on condition of petitioner/appellant depositing of 50% of the decretal amount, along with the interest and costs, within a period of two (2) weeks from today before the trial Court. On such deposit, the respondent is at liberty to withdraw the same by filing an affidavit before the trial Court stating/undertaking that if the second appeal is allowed, he will refund the said amount.

______ DEV,J Note: Furnish CC by tomorrow.

(BO) bss