Citation : 2023 Latest Caselaw 2711 AP
Judgement Date : 1 May, 2023
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No: A.S.No. 222 of 2023
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
1. 01.05.2023 AVRB,J
I.A.No.1 of 2023
Heard learned counsel for the
petitioners.
Pursued the record.
The decree which is under challenge
runs that after counseling, both plaintiff and
defendants and also with the consent of
learned counsel for the plaintiffs the court
below passed an order, in so far as the
disputed area Ac. 0.08 cents is concerned.
Now the petitioners sought to stay of
execution of Judgment and decree. Absolutely
there is no contingency now that an execution
petition is pending or coming to be pending
before the court below in so far as an extent of
Ac. 0.08 cents is concerned. The direction as
regards an extent of Ac. 0.08 cents is given to
Tahsildar, Pedabayalu to effect sub divisions.
So literally there cannot be any execution
petition in so far as Ac. 0.08 cents before the
court below. Apart from this, as the order
indicates that it is the consent order, at this
stage no adverse order can be passed, unless
an opportunity is given to other side in the
2
peculiar facts and circumstances.
Issue urgent notice to the respondents.
_________ AVRB,J
A.S.No. 222 of 2023 Issue urgent notice to the respondents. Learned counsel for the petitioners is permitted to take out personal notice on the respondents by R.P.A.D and file proof of service.
List it after six (06) weeks.
_________ AVRB,J KK/KNN
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