Andhra Pradesh High Court - Amravati
Subbarayudu vs The State Of Andhra Pradesh on 27 January, 2023
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL REVISION PETITION No.2449 of 2022
Between:
Shaik Shamshad Bee, W/o Shaik Hussain,
aged about 55 years, Occ: Housewife,
R/o Sitarampuram, Near Kaml Talkies,
Jaggaiahpet Town & Mandal,
Krishna District.
... Petitioner/Appellant
And
Thokala Prema Kumar, S/o.Nathanielu,
aged about 72 years, Retired employee,
R/o D.No.6-10-126, New 19th Qard,
Isukupalli, Repalle, Guntur District.
... Respondent/Respondent
Counsel for the petitioner : Sri A.Nirmal Babu
Counsel for respondents : -
ORDER:
Appellant in A.S.No.32 of 2021 filed the above revision
against the order dated 08.07.2022 in I.A.No.388 of 2021 in
A.S.No.32 of 2021 on the file of the XI Additional District
Judge, Tenali.
2. Respondent/Plaintiff filed suit O.S.No.8 of 2012 on the
file of the Senior Civil Judge, Repalle for specific performance of
agreement of sale dated 02.09.2000. On contest, the suit was
decreed on 09.08.2021. Trial Court directed the defendant to
execute registered sale deed within two months i.e., 60 days
from the date of judgment and in case of failure on the part of
the defendant to perform her part of contract, the plaintiff can
obtain registered sale deed through Court under due process of
law. Defendant also directed to pay an amount of Rs.53,159/-
to the plaintiff towards costs of the suit. Against the same, the
defendant preferred appeal A.S.No.32 of 2021 on the file of the
XI Additional District Judge, Tenali.
3. In the appeal, appellant/defendant filed I.A.No.388 of
2021 under Order XLI Rule 5 and Section 151 of CPC seeking
stay of execution of the decree and judgment dated 09.08.2021
in O.S.No.8 of 2012.
4. Appellate Court by order dated 08.07.2022 allowed
I.A.No.388 of 2021 granting stay of the execution of the decree
and judgment dated 09.08.2021 in O.S.No.8 of 2012 on the file
of the Senior Civil Judge, Repalle till 08.08.2022 subject to
payment of suit costs within 15 days from the date of order,
failing which the petition shall stand dismissed and in the
meanwhile, both parties are directed to get ready with the
arguments in the main appeal.
5. On 08.08.2022, appellate Court passed order dismissing
the said application on the ground that suit costs, as directed
by the Court vide order dated 08.07.2022, were not paid and
the appellant failed to comply with the conditions. The revision
is filed by the appellant alleging that the appellate Court
without affording an opportunity, dismissed the I.A.No.388 of
2021.
6. Heard learned counsel for the revision petitioner.
7. Learned counsel for the appellant would submit that the
appellant is ready to deposit the suit costs before the trial
Court and he would further submit that the appellant also filed
separate application seeking extension of time to condone the
delay in not paying the suit costs within time stipulated.
8. Considering the facts and circumstances of the case, the
revision is disposed of leaving it open to the appellant to file
appropriate application before the Court below seeking
extension of time to comply with the conditional order passed
on 08.07.2022 in I.A.No.388 of 2021.
9. With the above direction, this Civil Revision Petition is
disposed of. No order as to costs.
As a sequel, all the pending miscellaneous applications
shall stand closed.
_________________________
SUBBA REDDY SATTI, J
Date : 30.11.2022
KA
