Lavanuru Vijayasree vs Shakirth Shafiya
2023 Latest Caselaw 2690 AP

          HON'BLE SRI JUSTICE A.V.RAVINDRA BABU

              I.A. No.1 OF 2023 IN A.S. No.123 OF 2023

ORDER:

This Application, under Section 151 of the Civil Procedure

Code, 1908 (for short, 'the CPC'), is filed by the

petitioners/appellants, with a prayer to stay all further

proceedings including execution of the decree passed in O.S.

No.17 of 2018, dated 19.01.2023, on the file of the Court of VI

Additional District Judge, Gooty, Anantapuram District, pending

disposal of the Appeal.

2. The case of the petitioners, in brief, is that

respondent/plaintiff, basing on the agreement of sale, dated

16.01.2017, filed the Suit in O.S. No.17 of 2018 for specific

performance of agreement of sale. Petitioners herein, being

defendants therein, seriously contested the claim of the

respondent before the Court below by filing a detailed written

statement and one of the contentions is that the agreement of sale

was cancelled. The Court below, without appreciating the

contentions, erroneously, decreed the suit. Respondent deposited

the balance sale consideration, as directed by the Court below,

and she is taking steps to execute the decree. The petitioners have

AVRB,J IA No.1/2023 in AS No.123/2023

good grounds to succeed in the Appeal. Hence, this Interlocutory

Application for stay.

3. Respondent/plaintiff got filed a counter resisting the prayer

of the petitioners contending, in substance, that she complied with

the orders of the Court below by depositing the balance sale

consideration and that if the execution of the decree is stayed, the

respondent/plaintiff would be put to severe loss.

4. Now in deciding this Interlocutory Application, the point that

arises for consideration is whether the petitioners are entitled to

have the stay of all further proceedings including execution of the

decree passed in O.S. No.17 of 2018, dated 19.01.2023, as prayed

for?

5. POINT: Both the learned counsel would contend in

accordance with their pleadings in this Application. Further,

learned counsel for the respondent submitted that in the event of

stay of execution of the decree and judgment impugned, interest of

the respondent may be protected.

6. There is no dispute about the decree in O.S. No.17 of 2018

on the file of the Court of VI Additional District Judge, Gooty

which was on contest. As evident from the grounds of Appeal, the

AVRB,J IA No.1/2023 in AS No.123/2023

petitioners/appellants raised various contentions and they will

have to be gone into during the course of hearing of the Appeal.

There is no dispute that the respondent/plaintiff, in compliance to

the decree, deposited the balance sale consideration. So, there is

every likelihood that she will seek execution of the decree. If the

decree is executed, pending disposal of the Appeal, admittedly, it

would create multiplicity of litigation. The contention of the

respondent/plaintiff is that her interest may be protected if the

Court is going to grant stay of execution of the decree. The amount

deposited by the respondent/plaintiff before the Court below i.e.,

the balance sale consideration ultimately would go to either of the

parties depending upon the result of the Appeal. Hence, it is

appropriate to direct the Court below to keep the amount

deposited by the respondent in any fixed deposit. Further, the

ends of justice will meet if the stay is granted subject to deposit of

the suit costs by the petitioners/appellants before the Court

below.

7. In the result, the Interlocutory Application is allowed staying

execution of the decree in O.S. No.17 of 2018, dated 19.01.2023,

on the file of the Court of VI Additional District Judge, Gooty,

Anantapuram District, pending disposal of the Appeal subject to

AVRB,J IA No.1/2023 in AS No.123/2023

the petitioners/appellants depositing the entire suit costs before

the Court below on or before 12.05.2023 failing which the stay

shall stand vacated automatically.

The Court below is directed to keep the balance sale

consideration amount deposited by the respondent/plaintiff in any

Fixed Deposit account pending disposal of the Appeal. No order as

to costs.

________________________________ JUSTICE A.V.RAVINDRA BABU Date : 01.05.2023 DSH