Gaddipati Seetharamaiah vs Alapati Tulasamma Rama ...
2023 Latest Caselaw 311 AP

                    HIGH COURT OF ANDHRA PRADESH

      MAIN CASE No.: Second Appeal No.619 of 2018

                              PROCEEDING SHEET

S.
No      DATE                           ORDER

26.   23.01.2023 Dr.VRKS, J

                                 I.A.No.02 of 2018
                       The respondents in the appeal filed this

application to vacate the interim stay that was granted on 10.09.2018. So far no counters have been filed. On 10.09.2018 this Court passed the following Order.

"The service sent pursuant to order dated 3rd August 2018 has been refused by the respondent. Under the law, it is deemed service. Despite, appeared none on behalf of respondent.

List after Four weeks.

Till further orders, the proceedings initiated against the preliminary decree passed in O.S.No.78 of 2010 on the file of Senior Civil Judge, Repalle dated 19.12.2014, including execution proceedings, shall remain stayed".

The Judgment and Decree under challenge are against the preliminary decree for partition of the properties. By the above referred Order a blanket stay was ordered.

Considering the submissions of the learned counsel, the above order stands to be modified. The final decree proceedings pending before the Courts below should be taken up and be proceeded with and the Court shall not pass the final decree. Rest of the proceedings shall go on.

S.A.No.619 of 2018

Learned counsel for the appellant is in attendance. Learned senior counsel appearing for the Respondent Nos.2 to 5 is in attendance.

This matter has been coming up for hearing before admission.

List the matter finally on 15.02.2023.

____________ Dr.VRKS, J KLNS