2015 vs 2022 Was Filed Under Order 41 Rule ...
2023 Latest Caselaw 3322 AP

           HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: CMA.No.228 of 2023

                                PROCEEDING SHEET


Sl.                                                                           OFFICE
        DATE                                 ORDER
No.                                                                            NOTE
01    05.07.2023   Dr. KMR,J

                                 CMA.No.228 of 2023


                          Aggrieved by the order dated 16.6.2023
                   passed in I.A.No.660 of 2022 in A.S.No.99 of
                   2015, on the file of the Court of the VII
                   Additional    District     Judge-Cum-IV       Additional
                   Metropolitan Sessions Judge at Vijayawada, the
                   present C.M.A. is filed.
                          Mr.P.S.P.Suresh Kumar, learned counsel
                   for the Appellant, submits that I.A.No.660 of
                   2022 was filed under Order 41 Rule 19 C.P.C.
                   to restore the suit, i.e., A.S.No.99 of 2015,
                   which was dismissed for default on 01.09.2022.
                   He further submits that, he has filed the I.A. on
                   09.09.2022, i.e., within eight days from the
                   dismissal of the suit. He also submits that, now,
                   the respondent/plaintiff is trying to execute the

judgment and decree dated 09.03.2015 passed in O.S.No.1162 of 2012 to handover the vacant possession of the plaint schedule property.

Having regard to the facts and circumstances of the case and upon perusal of the material on record and considering the submissions of learned counsel for the

Appellant, this Court is of the opinion that the balance of convenience is in favour of the petitioner, therefore, there shall be stay of all further proceedings pursuant to the Judgment and Decree dated 09.03.2015 passed in O.S.No.1162 of 2012 on the file of VII Additional Senior Civil Judge, Vijayawada, till 02.08.2023.

Notice before admission.

Learned counsel for the Appellant is permitted to take out personal notice on the respondent by RPAD and file proof of service in the Registry.

Post on 02.08.2023.

________ Dr. KMR,J

HS