Citation : 2023 Latest Caselaw 1554 AP
Judgement Date : 20 March, 2023
;..
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MONDAY, THE T\^/ENTIETH DAY OF MARCH, )
ll^/O THOIJSAND AND-ll^/ENTY THREE
:PRESENT:
THE HONOURABLE SR[ JUSTICE A V RAV[NDRA BABU
I.A.NO.1 OF 2022
lN
APPEAL SUIT NO: 93 OF 2022
Between:
1. Thatla Peda Apparao, S/o Butchrilu (died) Hindu, aged 60 years, Occ.
Cultivation, R/o Thatlavanipalem Village, Boghapuram Panchayat,
Atchutapuram Mandal, VIsakhapatnam District.
2. Thatla China Apparao, S/o Butchulu, Hindu, aged 57 years, Oco. Cultivation,
R/o Thatlavan.lpalem VIllage, Boghapuram Panchayat, Atchutapuram MandaI,
VIsakhapatnam District.
3. Thatla Sambamurfhy, , S/o Butchulu',Jlindu, aged 54 years, Occ. Cultivation,
R/o Thatlavanipalem Village, Boghapu-ram Panchayat, Atchutapuram Mandal,+
Visakhapatnam District.
4. Thatla Musalayya, S/o Butchulu, Hindu,+ aged 51 years, Occ. Cultivation, R/o
Thatlavanipalem Village, Boghapuram Panchayat, Atchutapuram Mandal,
Visakhapatnam District.
...Petitioners/Appellants
AND
1. Kolli Sanni Babu, S/o Pedapydiyya, Hindu, aged 55 years, Occ. Cultivation,
R/o Yerakannapalem Village, Bogapuram Panchayat, Atchutapuram Mandall
Visakhapatnam District.
2. Thatla Nagaraju, S/o Pedasomulu, Hindu, aged 52 years, Occ. Not known,
R/o Thatlavanipalem VIllage, Boghapuram Panchayat, Atchutapuram MandaI,
Visakhapatnam District.
3. Thatla Peda Sanjeevi, S/a Pedasomullu, Hindu, aged 50 years, Occ.
Cultivation, R/o Thatlavanipalem Village, Boghapuram Panchayat,
Atchufapuram MandaI, Visakhapatnam District.
(Respondents Nos.2 & 3 are not necessary parties to this present appeal suit)
...Respondents/Respondents
petition under section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be pleased
to grant stay of all further proceedings including execution of Judgment and Decree
dated 31.01.2022 passed in O.S.No.133 of 2011 on the file of ll Additional District
Judge, Visakhapatnam, pending dispc,s?I of AS No.93 of 2022, on the file of the High
Court.
FIRST APPEAL NO: 93 OF 2022:
___ _ __
Appeal Under Section 96 r/w Order XLl 7 Rule 1 of CPC praying that the High
court may be pleasecl to allow the Appeal Suit and set-aside the Judgment and
Decree dated 31.01,2022 passed tin O.S.No.133 of 2011 on the file of the ll
Additional District Judge, Visakhapatnam.
The petition coming on for hearing, upon perusing the petition and memo of
grounds field herein and the earlier orders of High Court dt:05-08-2022 made in
I.A.No.1 of 2022 and 04.ll.2022 made in IA.No.2 of 2022 and 06.02.2023 &
28.02.2023 made herein' and upon hearing the arguments of sri G.R.Sudhakar,
Advocate for petitioners and of Sri T.D.Phani Kumar, Advocate for respondent No.1,
the Court made the following
ORDER:
tfLearned counsel for the let respondent seeks time to fl-le counter.
lt I-S represented that according tO the Cause title respondent Nos.2 and 3 are not necessary parties and there is n`o need to issue any notice.
List the matter on 27.03.2023. Interim order granted earlier is extended till then."
Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// `l-,` ----
SECTION OFFICER
To, 1, The ll Additional District Judge, Vjsakhapatnam.
2. One CC to Sri. G.R. Sudhakar, Advocate [OPUC]
3. One CC to Sri. T.D.Pani Kumar, Advocate [OPUC]
4. One spare copy ER A
+
RE
I:S-= HIGH COURT
AVRBJ
DATED: 20/03/2023
NOTE: LIST THE MATTER ON 27.0312023
ORDER
lA NO.1 OF 2O22 IN AS.No.93 of 2022
lNTERIM ORDER EXTENDED
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