Sri Shantilal Ravji Patel vs Smt. Rudramaraju Venkata Ramana
2023 Latest Caselaw 1739 AP

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                   lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAt

                        WEDNESDAY ,THE TWENTY NINETH DAY OF MARCH
                             ll^/O THOUSAND AND T\^/ENTY THREE
                                         :PRESENT:
                      THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATl                                  -~
                                             lANo.1 OF2023
                                                      lN                                        .--
                                          CRP NO: 855 OF 2023
         Between:
             Sri Shantilal Ravji Patel, S/o.Ravji Devji Patel, Hindu, Aged 68 years, Residing at
             D.No.58-22-34/3/A, Butchirajupalem, Visakhapatnam
                                                                                             Petitioner
                                                    AND
            1. Smt. Rudramaraju Venkata Ramana, W/o.Rameswara Bangaru Raju, Balaji
               Hills, Visakhapatnam 530003
                                                   1St Respondent/Decree Holder
            2. Sri Pacha Ramanayya, S/o.Late Venkataiah, Aged 70 years, Business,
                D.No.58-17-19, Santhinagar, Butchirajupalem, Visakhapatnam.
            3. Sri Pacha Venkata Narayana; S/o.Late Venkataiah, Aged 67 years, Business,
                D.No.58-17-19, Santhinagar, BultChirajupalem, Visakhapatnam.
            4. Sri Pacha Radhakrishna, S/o.Late Venkataiah, Aged 65 years, Business,
                D.No.58-17-19, Santhinagar, Butchirajupalem, Visakhapatnam.
            5. Sri Pacha Venkateswarlu, S/o.Late Venkataiah, Aged 53 years, Business,
                D.No.58-17-19, Santhinagar, Butchirajupalem, Visakhapatnam.
                                                       Respondents 2 to 5/ Judgment Debtors
            6. Sri Veerji Kanji Patel, S/o.Kanji Veerji Patel, Hindu, Aged 74 years,
                R/o. D. No. 58_22-34/3/C, Butchiraju6PtahleR:;¥:Snadk::&a3tr!aPma'rty Claim Petitioner



         Counsel for the Petitioner : SRI P RAJASEKHAR
         Counsel for the Respondents :I---

                Petition under Section 151 C,PC praying that in the circumstances stated in
         the affidavit filed in support of the` petition, the High Court may be pleased to
         suspend    the    operative portion `of' the      Order  dt.19.01.2023 passed   in
         E.A.No.452/2008 in E.P.No.524/19|99,in 'O.S.No.106/1985 on the file of ll Additional
         Senior Civil Judge, Visakhapatnam, Pending disposal of CRP No, 855 of 2023, 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 petitioner submitted that the in C.R.P.No.680 of 2O23, filed against the order in E.A.No.451 of 20O8, by another similarly situated person i.e. claim petitioner, this Court has granted stay.

I

Therefore, prayed to pass similar order in the present Revision also.

Perused the record.

Taking into consideration the submissions of the learned counsel for the petitioner and the grounds raised in the Revision, this Court pr,-ma fac,-e, finds that there is a point for consideration in the Revision Petition and in the meantI'me if the Order in E.A.No.452 of 2008 is a[[owed to be executed, the

purpose of fill-ng this Revision will be defeated and the petitioner will be adversely affected. As such, this Court is inclined to grant the following interim order:

There shall be stay of all further proceedings pursuant to the orders dated 19.01.2O23 passed in E.A.No.452 of 2008 in E.P.No.524 of 1999 in o.s.No.106 of 1985 on the file of the II Additional Senior Civil Judge, Visakhapatnam, for a perI'Od Of Six (06) weeks."

sd/-B. PRASADA RAO ASSISTA N/iFEG ISTRAR

//TRUE COPY// For SECTION OFFICER To]

1. II Additional Senior Civil Judge, Visakhapatnam

2. Smt. Rudramaraju Venkata Ramana, W/o.Rameswara Bangaru Raju, Balaji Hills, Visakhapatnam 530003

3. Sri Pacha Ramanayya, S/o.Late Venkataiah, Aged 70 years, Business, D.No.58-17-19, Santhinagar, Butc,hirajupalem, Visakhapatnam.

4. Sri Pacha Venkata Narayana, S/o`.Late Venkataiah, Aged 67 years, Business, D.No.58-17-19, Santhinagar,-Butchirajupalem, Visakhapatnam.

5. Sri Pacha Radhakrishna, S/o.Late Venkataiah, Aged 65 years, Business, D.No.58-17-19, Santhinagar, Butchirajupalem, Visakhapatnam.

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6. Sri Pacha Venkateswarlu, S/o.Late Venkataiah, Aged 53 years, Business, D.No.58-17-19, Santhinagar, Butchirajupalem, Visakhapatnam.

7. Sri Veerji Kanji Patel, S/o.Kanji Veerji PateI, Hindu, Aged 74 years, R/o.D.No.58-22-34/3/C, Butchirajupalem, Visakhapatnam.( 2 to 7 by RPAD)

8. One CC to Sri P Rajasekhar,Advocate [OPUC] 9, Onesparecopy RVK t+

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€ HIGH COURT

RCJ

DATED :29/03/2023

ORDER

IANo.1 OF2023 lN CRP NO: 855 OF 2023

STAY