Andhra Pradesh High Court - Amravati
Betwee N vs And on 20 July, 2023
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
THURSDAY, THE TWENTIETH DAY oF JULY
ll^/O THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
AND
THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RAMANA *6t`
lANo.1 OF2023
IN
AS NO: 136 OF 2020
Betwee n :
Gavara Kanaka Durga, W/o. Sarveswara Rao, Aged about 55 years, Occ.
Contractor, R/o. D. No. 28-1-14/8, Bank Colony, Palakol Village and Mandal,
West Godavari District, Andhra Pradesh.
...Petitioner/Appellant
AND
The Palakol Municipality, PalakoI, Rep. by its Commissioner, Palakol
Municipality Office, PalakoI Mandal, West Godavari District, Andhra Pradesh.
...Respondent/Respondent
Counsel for the Petitioner :SRI DASARI S V V S V PRASAD
Counsel forthe Respondent : --I
Petition under Section 151 CPC praying that in the circumstances stated in the-
affidavit filed in support of the petition, the High Court may be pleased to stay of all
further proceedings including execution of Decree and Judgment dated 10.06.2019,
passed in O.S. No. 36 of 2016, on the file of X Additional District Judge, West Godavari
District at Narsapur, pending disposal of AS No.136 of 2020, on,the file of the High
Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER:
['Heard learned counsel for the apellant and junior counsel representing
learned counsel for the respondent.
This lnterlocutory Application has been filed long after the appeal was
presented because the respondent have filed E.P.No.08 of 2023 for recovery of
the sum decree. Learned counsel submits that since the EP.No.08 of 2023 was
EJz=
not filed till date he did not rush for s stay. Now, that the E.P.No.08 of 2023 is
filed, he submits that the execution should be stayed.
Considering the submissions made and the opposition of the learned
counsel for the respondent since this is money decree, there shall be a direction
for stay of all further proceedings in E.P.08 of 2O23 on the file of X Additional
District Judge, Narsapur. on the conditions that the defendanv appeIIant
deposits 50% of the amount awarded along with the I-nterest there on as ,
mentioned in the decree till the date of deposit, within a period of four (6) weeks
from the date of this order.
In addition the costs that are awarded should also be deposited within the
said period.
It I-S made clear that I-f the deposit is not made as ordered, the stay wi" be
vacated automatically.
on such deposit being made the respondent is permitted to withdraw the
same furnishing the usual undertakings of the traI-I Court.'r
Sd/- K.TATA RAO
DEPU EGISTRAR
/ITRUE COPY// l}R
For AS`C SECTION OFFICER
To,
1. The X AddI'tiOnaI District Judge, West Godavarl' DI-Strict at Narsapur.
2. The CommI'SSiOner, Palakol Municl-pality, palakol, Palakol Municl'pality office,
palakol Mandal, West Godavari Dl-strict, Andhra pradesh.( By RPAD)
3. One CC to Sri..Dasari S V V S V Prasad, Advocate [opuc]
4. Two spare coples.
MSB
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HIGH COURT
DVSS,J
&
DVR,J
DATED : 2O/07/2023
ORDER
LIST ON 14.09.2023
lA NO.1 OF 2023
IN
AS.No.136 of 2020
DIRECTION
•26JUl an
