Andhra Pradesh High Court - Amravati
Pothabattula Bala Subramanayam vs Pothubattula Siva Kumar on 12 February, 2024
is
IN THE HIGH COURT OF ANDHRA PRADESH « AMARAY. Al
MONDAY, THE TWELFTH DAY OF FEBRUARY.
EWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAD
THE HONGORABLE SMT JUSTICE KIRANMAYEE MANDAVA
LA No. | OF 2024
FIRST APPEAL NO: 78 OF 2024
begs ta present this Memorandum of Appeal against the Judgment and decree
dated 25.09. 2023, passed in G.S.No. 180/018, on the file of TL ADDITIONAL
DHSTRICT FUDGE, ELURE
Between:
i. POTHABATTULA BALA SUBRAMANAYAM, S/o Late Venu Gopala
Rao, Age S3 yrs, Gee Business, Rio D.No.2S AxS 28, Dr. Siva Ram aie 40,
Street, B ore, Eharu District.
ri PPELLANTS
AND
1, POPTHUBATTIULA SIVA KUMAR, S/o Late Durea Prasad, Age 37 vrs,
Geo Business, Ro ty No.3 R-S-26, ARP et, Elora, Eluru ENstrict.
RESPONDENTS
Petition under Section 137 CPC praying that in the circumstances stated
in the affidavit filed in sin pport. of the petition, the High Court may be pleased tp
grant slay of execution af the decre ep passed in OS. No. T 80/2015, de 25.09.2023
onthe fle of Li Additional District Judge, Klura and pass
Counsel for the Appellants: Sri, MPV NY Sastri
Counsel for the Respondents: Sri, G1. Nageswar Rao
Phe Court made the fullawing:
Heard Sri MOP.VWIN AGS Sastry, learned counsel for the appellant and Sri
GL. Nageswar Rao, learned counsel for respandertt
The submission of learned counsel for the petitioner is that the
appellanvdefendant has been in possession of the sul ject property and pending
appeal, i he is evicted by executing the impugned decree and Judgment, the
appellant will be put to hard ship. On this submission, he sought for stay of
operation «f the impugned decree passed In OS.No.180 of 2015 dated
Considering force in the submission of learned counsel for the appellant
there shall be stay of operation of the umpugned decree passed In C.S.No. 186 af
sO1S dated 25.09.2023, on the condition af the petitioner depositing the casts
awarded geainst him by the Trial Court within two (O2} weeks from the date of
repeipt of copy of this Order. On such depastt, the pla untifPrespondent is
permuted to withdraw the same without offerin @ any security,
Past the matter atter four (043 weeks,
Sd. USri Devi
ASSISTANT REGISTRAR
#PRUE Copyy :
SECTION OFFICER
Tt. The 8 Additiorsai District Jurige, © SUP.
s. Pothubatiuia Siva Kumar, Sfo Late Burgs Prasad, Age 37 yrs
Rio DLNo. S38-5.38 ROR Pat, BJuru, Euro Sistring iBy RPAD)
3. One cc to SRE MLE VAL SAST Ry, Advocates AOPUC
4. One CO to SRE GL NAGESWAR RAO Adyvonaia fOPUC
&. One spare capy.
Mp.
HIGH COURT
DATED Tag 2024
NOTE: POST THE MATTER AFTER FOUR 3) WERERS,
ORDER
LANGA OF 3024
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