Shaik Abdul Rasool vs Smt.Shaik Raisa Begum
2023 Latest Caselaw 4621 AP

     HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                       A.S. No.402 of 2023

                           Proceeding Sheet

Sl.   Date                           Order                       Office
No.                                                              Note
02 29.09.2023   VJP, J

                              I.A.No.01 of 2023
                      Heard Sri Yaragorla Tagore, learned
                counsel representing Sri C.Srinivasa Baba,
                learned counsel for appellants.
                      Perused the material on record.
                      This application is filed under Order
                41 Rule 5 read with Section 151 of the
                C.P.C., seeking stay of operation of the
                common       Judgment    and    Decree   dated
                16.06.2023, in O.S.No.15 of 2013 on the
                file of VI Additional District Judge, Kadapa.
                      Learned counsel for the appellants
                would submit that the time granted to
                remove the constructions made in the
                schedule property i.e., three (03) months
                from the date of judgment and deliver the
                vacant possession of the schedule property
                to the plaintiffs within three (03) months
                from the date of judgment, is elapsed.
                There is every threat to the dispossession
                of   the    appellants   from   the   schedule
                property.
                      Considering the submissions made
 by    the   learned   counsel,    taking   into
consideration the reasons mentioned in the
affidavit, there shall be interim stay for a
period of four (04) weeks to deliver the
vacant possession of the schedule property
to the respondent, subject to the petitioner

depositing the suit costs to the credit of the suit O.S. 15 of 2013 before trial Court within two (02) weeks from this day.

Except delivery, the further proceedings relating to O.S.No.15 of 2013 on the file of VI Additional District Court, Kadapa may go on.

_______ VJP, J

A.S. No.402 of 2023

Meanwhile, issue urgent notice to the respondent.

Learned counsel for the appellants is permitted to take out personal notice to the respondent by RPAD and file proof of service by next date of adjournment.

Post on 13.10.2023.

_______ VJP, J

mnr