Andhra Pradesh High Court - Amravati
Between vs Vayaz Abdul Atha on 18 July, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
|
TUESDAY, THE EIGHTEENTH DAY OF JuLY '';£
n^/O THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE A V RAVINDRA BABU ;I::-:\+`#Sife±
+i--,i _'=ji;i.c:
IA NO.1 OF 2023 -`:,-.=1-:ii++,
lN
A.S.NO: 341 OF 2023
Between :
St. Johhs Educational Society, a Society Regd. under the provisions of the Societies
Act, rep by its secretary and Correspondent T. Suman Thyagaraj S/o TS. Thyagaraj
Christianl 43 years, R/o D.No. 40-1-139, M.G. Road, Vijayawada
...Petitioner
AND
1. Vayaz Abdul Atha, S/o Late Mohd. Atha Mohiuddin, aged 56 years, Occ.
Engineer R/o D.No.ll-3-941, New Mallepalli, Hyderabad.
2. Tameem Meher lsra, W/o lram Ahmed Khan aged 56 years, R/o D.No.ll-3-
941, New Mallapalli, Hyderabad
3. Sameem Mahmooda Afs, W/o Zafar Khan Muslim 51 years, R/o ll-3-941,
New Mallapalli, Hyderabad
...Respondents
(R2 and R3 are represented by their brother and GPA holder Vayaz Abdul
Atha S/o Late Mohd. Atha Mohiuddin aged 56 years, Occ. Engineer R/o D.No.
ll-3-941, New Mallepalli, Hyderabad)
Petition under Section 151 CPC praying that in the circumstances stated in the
affl'davit filed in support of the petition, the High Court may be pleased to grant stay of
further proceedings in pursuance of judgment and decree dt.17.4.2023 passed in O.S.
No. 223 of 2016 on the file of court of ll Additional District Jude, Vijayawada, pending
disposal of AS 341 of 2023, on the file of the High Court.
The petition/Appeal coming on for hearing, upon perusing the petition and the
affidavit filed in support thereof and upon hearing the arguments of sri M R S Srinivas,
Advocate for the Petitioner and of Sri Syed Shaji Sultan Moosavi, Advocate the
Respondents, the Court made the following
ORDER:
flHeard both sides.
Petitioner in the interlocutory application is the appellant.
The respondents/plaintiffs filed suit against the appellant before the Court
below seeking eviction and for recovery of the vacant po:session of the suit
schedule property and also for the arrears of the rent from March, 2016 to June
2016 and also for damages.
Lea+ned lI Additional District Judge, Vijayawada, decreed the suit of the
resJpondents/plaintiffs granting eviction and further directed the appellant/
defendant to pay damages @ Rs.1,50,000/-p.m., with interest at Rs.6O/a p.a., from
the date of the suit till the date of vacating and handing over the possession of
the suit schedule property to the respondents/plaintiffs. lt was further ordered
that if the appellant already paid the monthly damages, those are to be adjusted
to the outstanding amount. lnsofar as the claim for damages of rent is
concerned, it was dismissed. Challenging the same, the appellanVdefendant
filed the present a'ppeaI. ln this I.A.No.1 of 2023, he sought stay of execution of
I
the decree.
As evident from the arguments advanced, the respondents/plaintiffs are
going to file execution petition before the learned ll Additional District Judge,
Vijayawada, to execute the decree.
Having regard to the facts and circumstances, if the decree is executed
Pending disposal of the appeal, the object of the appeal will be defeated.
Under the circumstances, interim stay is granted subject to the condition
that the petitioner/defendan,I shall deposl-t entire suit costs before the court
below, within three (3) weeks from today and further the petitioner/defendant
shall go on paying the damages as ordered by the court below every month and
any default in this regard shall entitles the respondents/plaintiffs to execute the
_ Li|i=
decree.
For compliance of the directions, list on 18.08.2023."
Sd/-G. HELA NAIDU
ASSISTANT RE`GISTRAR
//TRUE COPY// EZ
For / SECTION OFFICER
Tot
1. The lI Additional District Jude, Vijayawada.
2. Vayaz Abdul Atha, S/o Late Mohd. Atha Mohiuddin, R/o D.No.ll-3-941, New
Mallepalli, Hyderabad.(by RPAD) (for himself and on behalf of
Respondent Mos.2 & 3)
3. One CC to Sri. M R S Srinivas, Advocate [OPUC]
4. One CC to Sri. Syed Shaji Sultan Moosavi, Advocate [OPUC]
5. One spare copy.
MSB
f`
HIGH COURT
AVRB, J
DATED:18/O7/2023
ORDER
__I-
LIST ON 18.08.2023
lA NO.1 OF 2023
lN
AS.No.341 of 2023
DIRECTION ~
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