V.Raja vs M.K.Azeem Ahamad
2023 Latest Caselaw 5546 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                   MAIN CASE No.A.S.No.328 of 2014

                            PROCEEDING SHEET

Sl.     Date                              ORDER                           OFFICE
No                                                                         NOTE

      16.11.2023    Dr.VRKS,J

                                    I.A.No.2 of 2023

                            I.A.No.2 of 2023 is an application under
                    Order I Rule 10 read with Section 151 of CPC
                    filed by the third party seeking impleadment of
                    himself as 2nd respondent in A.S.No.328 of

2014.

Respondent No.1 in this application is the plaintiff in the suit and in whose favour a decree for specific performance is filed.

In these circumstances, learned counsel appearing for respondent No.1 seeks time to file a counter.

Time granted.

_________ Dr.VRKS,J

I.A.No.1 of 2023

O.S.No.50 of 2011 is a suit filed for specific performance of an agreement for sale. After due contest by a judgment dated 06.03.2014, learned I Additional District Judge, Chittor decreed the suit in favour of the plaintiff and directed the defendant therein for registration of sale deed.

Aggrieved by that, the defendant in the suit preferred present A.S.No.328 of 2014. I.A.No.1 of 2023 is filed by the respondent in the appeal wherein the allegations are that the appellant though suffered a decree and though there were prohibited orders during the course of trial has been resorting to alienation of properties and learned counsel further submits that proceeding sheet dated 15.09.2023 indicates granting opportunity for filing a counter to the appellant who is respondent in this application. It was also recorded that if by next occasion such counter was not filed, the matter should proceed further. Learned counsel for petitioner submits that no counter is filed so far. Papers on record also do not indicate presentation of any counter in this application. It is recorded that the respondent who is the appellant in the appeal has no counter.

In view of the submissions made by the learned counsel for petitioner, this application is allowed directing the appellant Sri V. Raja S/o Venkatachalachari not to alienate or encumber the suit disputed property till disposal of A.S.No.328 of 2014.

_________ Dr.VRKS,J

(Contd) A.S.No.328 of 2014 List the appeal for final hearing after three weeks.

_________ Dr.VRKS,J

C.C by 20.11.2023 (B/o) Dvs