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Pinnini Apparao vs Cheepurupalli Maridayya
2023 Latest Caselaw 1613 AP

Citation : 2023 Latest Caselaw 1613 AP
Judgement Date : 21 March, 2023

Andhra Pradesh High Court - Amravati
Pinnini Apparao vs Cheepurupalli Maridayya on 21 March, 2023
Bench: Ravi Cheemalapati
                    HIGH COURT OF ANDHRA PRADESH

     MAIN CASE No: CIVIL REVISION PETITION No.732 of 2023

                              PROCEEDING SHEET

S.
       DATE                               ORDER
No
1.   21.03.2023   RC, J
                                  C.R.P.No.732 of 2023

                          Notice before admission.
                          Learned counsel for petitioner is permitted to
                  take out personal notice on respondent by

registered post with acknowledgment due and file proof of service in the Registry within two weeks.

Post on 04.04.2023.

______ RC, J I.A.No.1 of 2023

Heard the learned counsel for the petitioner. Learned counsel for the petitioner submitted that the respondent/decree holder failed to prove that in spite of having sufficient means to pay the decretal amount, the petitioner/J.Dr purposefully evading to pay the same. In support of her contention, she placed reliance on the judgment of Hon'ble Apex Court in Jolly George Verghese & Anr v. The Bank of Cochin [(1980)2 SCC 360].

Taken into consideration the submissions made by learned counsel for the petitioner; the principle laid down by the Hon'ble Apex Court in the above judgment and the grounds raised in this Revision Petition, prima facie makes out a point for consideration to be decided in this Revision Petition. As such, this Court is inclined to grant the following interim direction:

There shall be interim stay of all further proceedings in Execution Petition No.05 of 2020 in Original Suit No.51 of 2006 on the file of the Court of Senior Civil Judge, Peddapuram for a period of four (4) weeks.

______ RC, J C.C. by 23.03.2023 MP

 
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