Kappala Viswanadham vs Yerrala Nagaraju
2024 Latest Caselaw 7481 AP

Andhra Pradesh High Court - Amravati

Kappala Viswanadham vs Yerrala Nagaraju on 21 August, 2024

                   HIGH COURT OF ANDHRA PRADESH

               MAIN CASE: C.R.P.No.1587 of 2024

                            PROCEEDING SHEET

SL.     DATE                               ORDER                               OFFICE
NO.                                                                             NOTE

01.   21.08.2024    RNT, J

                            Heard Sri V.V. Satish, learned counsel
                    for the petitioners.
                    2.      The respondent-plaintiff instituted a

suit in O.S.No.87 of 2013 on the file of Senor Civil Judge Court, Peddapuram for declaration and mandatory injunction. The suit was decreed on 24.04.2019 as under:

"This suit is coming before me for final hearing on 14.03.2019 in the presence of Sri D.V.N.S. Surya Prakasa Rao, Advocate for the plaintiff and of Sri Vedula Subrahmanyam, Advocate for defendants 1 to 5 and on consideration till this day, this Court doth Order and decree as follows:

(i) that the suit be and the same is hereby decreed in favour of plaintiff and against defendant,

(ii) that the plaintiff is hereby declared as the owner of "B,C,D, E" portion of plaint plan in plaint "B" schedule property,

(iii) that the defendants are hereby directed to deliver vacant possession of "B,C,D,E" portion of plaint plan in plaint "B" schedule property of the

SL. DATE ORDER OFFICE NO. NOTE plaintiff within two months from the date of judgment,

(iv) that the Mandatory Injunction is hereby granted in favour of the plaintiff directing the defendants to remove the unauthrorized constructions made in "B,C,D,E" portion of plaint plan in plaint "B" schedule property within the period of two months from the date of judgment, and

(v) that the defendants do pay to the plaintiff a sum of Rs.20,516/-

towards costs of the suit bearing their own costs of Rs.nil."

3. Challenging the same, the defendant- petitioners filed A.S.No.121 of 2019, which is pending in the court of VII Additional District Judge Court (Fast Tract), Peddapuram. In the appeal, there was a stay against the execution of the decree. By the order impugned dated 08.05.2024, I.A.No.319 of 2019 has been dismissed, and the stay has been vacated.

4. Learned counsel for the petitioners submits that the stay was continuing since long. The appeal is admitted one. The reason assigned for rejection is that the petitioners without complying the decree, filed the application for stay in the appeal. He submits that if the decree is complied with, nothing would survive in the appeal. The

SL. DATE ORDER OFFICE NO. NOTE rejection is not justified.

5. Prima facie, there is force in such submission. Prima facie, once the regular civil appeal is pending since 2019 and initially the interim order was granted, inspite of vacating the same, the appellate court ought to have made endeavour to decide the appeal finally.

6. Issue notice to the plaintiff respondent.

7. In addition to the normal mode, the learned counsel for the petitioners shall take out personal notice to the respondent by R.P.A.D and file proof of service in the Registry.

8. Post after four weeks.

9. There shall be status quo existing as on today till the next date of listing.

10. The petitioners shall deposit the cost of the suit before the trial court within a period of two weeks from today.

11. This order will however not come in the way of the appellate court in deciding the appeal finally.

                                                         ________
                                                           RNT,J
             Gk




SL.   DATE       ORDER   OFFICE
NO.                       NOTE