Inukonda Chakrapani vs Kandukuri Triveni
2024 Latest Caselaw 1342 AP

Andhra Pradesh High Court - Amravati

Inukonda Chakrapani vs Kandukuri Triveni on 16 February, 2024

          HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
                   MAIN CASE No.A.S.Nos.613 & 629 of 2023
                            PROCEEDING SHEET
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                                          ORDER

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08.   16.02.2024     BVLNC, J
                                    I.A.No.03 of 2023

Heard Smt. K.Pallavi, learned counsel for the petitioners/appellants and Smt.Y.L.Siva Kalpana Reddy, learned counsel for the respondent.

This application filed under Order XXXXI Rule 5 of C.P.C. to stay further proceedings in E.P.No.723 of 2023 on the file of learned VI Additional District and Sessions Judge, Nellore, pending disposal of the appeal.

Learned counsel for the appellants would submit that if the Executing Court order delivery pending the appeal, it would defeat the purpose of the appeal, and sought for stay of the execution proceedings.

Smt.Y.L.Siva Kalpana Reddy, learned counsel for the respondent would submit that the appellant Nos.2 and 3 are paying rents to the 1st appellant and no amounts were deposited by the

(Contd...) Sl. OFFICE ORDER No DATE NOTE ::2::

1st appellant as directed by the learned trial Court, and therefore, if interim stay is granted, the plaintiff will suffer loss, as the defendants will enjoy the property without paying any rents and damages as directed by the learned trial Court.

The suit in O.S.No.73 of 2017 was decreed partly on 27.01.2023, declaring that plaintiff as absolute owner of the plaint schedule property, directing the 1st defendant to deliver the 1st floor of the plaint schedule property to the plaintiff and directing the 2nd and 3rd defendants/2nd and 3rd appellants to deliver the possession of the ground floor shops of the plaint schedule property within three (03) months from the date of judgment.

The learned trial Court also passed decree directing that the plaintiff is entitled for damages @ Rs.10,000/- per month, from the 1st defendant, and the 1st defendant to deliver the property within three (03) months from the date of judgment. The defendant Nos.1 to 3 filed the present appeal.

Admittedly, the plaintiff filed execution proceedings before the learned trial Court and the same is pending for ordering delivery.

                                                              (Contd...)
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                                    ::3::

                   Considering     the      above    facts       and

circumstances, "there shall be interim stay of the execution proceedings in E.P.723 of 2023 on the file of learned VI Additional District and Sessions Judge, Nellore, for a period of six (06) weeks, on condition of the 1st appellant depositing a sum of Rs.1,20,000/- (Rupees One lakh and Twenty Thousand only), which is due towards damages as ordered by the learned trial Court till date".

Further the 1st defendant/1st appellant shall submit information by the next date of hearing regarding the rents collected from the 2nd and 3rd defendants, for passing further orders in this application.

List on 12.04.2024.

__________ BVLNC, J

Note: C.C. by Tomorrow Pmk

List on 12.04.2024.

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                                                          BVLNC, J
             Pmk
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