Akula Devi Sri vs Velugubantla Venkata Krishna ...
2023 Latest Caselaw 1208 AP

                   HIGH COURT OF ANDHRA PRADESH

                MAIN CASE NO.: C.R.P.No.73 OF 2023
                             PROCEEDING SHEET
Sl.      Date                         ORDER                                    OFFICE
No.                                                                             NOTE

3.    01.03.2023   RC, J

                           As per the directions of this Court, notice
                   has been sent to the respondent and wherein

the appearance is also made on behalf of the respondent.

Post on 15.03.2023 for hearing.

Learned counsel for the petitioner submitted that the petitioner is apprehending arrest by virtue of the orders, dated 12.12.2022 passed in E.P.No.66 of 2022 in O.S.No.118 of 2021 on the file of the learned II Additional Senior Civil Judge, Kakinada, wherein the Court below has directed to arrest the petitioner/J.Dr. and to produce before the Court. As the petitioner/J.Dr is being a lady, the learned counsel for the petitioner further submitted that the petitioner has not received any summons or notice in the suit and recently, she came to know about the filing of suit and passing of exparte decree against her and she is contemplating to take steps to file petition to set aside the exparte decree and recently she obtained certified copy of the decree and judgment in that suit. The D.Hr/respondent herein filed E.P.No.66 of 2022 in O.S.No.118 of 2021 and obtained warrant of arrest against the petitioner. If the same continues it affects the rights of the petitioner and also her personal liberty will be affected hence prayed to grant stay of arrest.

Learned counsel for the respondent vehemently opposed to grant stay on the ground that the petitioner has not chosen to file application to set aside the exparte decree within the time and only after obtaining orders of arrest, she came forward with a plea that she is going to take steps to set aside the exparte decree, thus, there are no bonafides.

Considering the submissions made by the learned counsel for the petitioner, as the petitioner is a lady and admittedly the decree sought to be executed has been passed exparte and due to paucity of time, final hearing of the CRP cannot be taken up now, this Court is inclined to pass interim order with the following:

There shall be an interim stay of all further proceedings in E.P.No.66 of 2022 in O.S.No.118 of 2021 on the file of the learned II Additional Senior Civil Judge, Kakinada including the arrest of the petitioner, for a period of two weeks.

________ RC, J Note: C.C. today.

(B/o.) SPP