Andhra Pradesh High Court - Amravati
Shaik Shaheen vs Shaik Baji Baba on 19 January, 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: C.R.P.No.125 of 2024
PROCEEDING SHEET
Sl.
ORDER
No DATE
01. 19.01.2024 RC, J
IA.No.1 of 2024
Filing of certified copy of the order in
EP.No.54 of 2022 in OS.No.153 of 2016 on the
file of the I Additional District Judge, Guntur,
is dispensed with for the present.
C.R.P.No.125 of 2024
Notice before admission.
Learned counsel for the petitioner is
permitted to take out personal notice to the
respondents by Registered Post with
Acknowledgment Due and file proof of service in
the Registry.
List on 02.02.2024.
Heard Mr. N.A. Ramachandra Murthy,
learned counsel for the petitioner.
Learned counsel for the petitioner, in
elaboration to what has been stated in the
affidavit, contended that the 1st respondent
herein filed suit vide O.S.No.153 of 2016 for
declaration and for injunction wherein the ..continued
petitioner herein is shown as defendant No.2 in
.continuation
(19.01.2024) the said suit. Defendant No.1 is none other than
the father-in-law of the petitioner herein. The
said suit has been referred to the Lok Adalat for
amicable settlement. Before the Lok Adalat,
without any notice to the petitioner, the
petitioner's father-in-law i.e., defendant No.1,
in collusion with the plaintiff, entered into
compromise and the same was recorded and
Award in terms of the settlement has been
obtained. When the 1st defendant failed to
comply with the terms in the Award, in order to
execute the said Award, the plaintiff/1st
respondent herein filed E.P.No.54 of 2022 and in
the said EP he has categorically mentioned that
the said EP is being filed against 1st Judgment
Debtor only i.e., the 2nd respondent herein. The
said EP has been allowed and now the DHr filed
E.A.No.21 of 2023 for taking possession of the
subject property i.e., item No.1 of the plaint
schedule property wherein the petitioner is
residing. In fact, the said property is an
ancestral property wherein the petitioner's
husband has a right over the said property. The
petitioner's husband died and taking advantage
of the same, to deny the right, the petitioner's
father-in-law/2nd respondent herein, in collusion
with the plaintiff/1st respondent herein,
obtained such Award. In those circumstances, if
..continued
the petitioner is dispossessed, the petitioner
continuation
(19.01.2024) would be put to irreparable loss and hardship
and as such, prayed to pass appropriate orders
protecting the interest of the petitioner.
Perused the record.
The suit, OS.No.153 of 2016, filed by the
st
1 respondent herein, was referred to the Lok
Adalat and the same was numbered as Lok
Adalat Case No.1169 of 2019 wherein an Award
has been passed. Subsequently, the plaintiff, in
order to execute the said Award, filed EP.No.54
of 2022 against the 2nd respondent herein only.
Copy of the Award clinchingly shows that the
suit against the defendant Nos.2 to 5 was not
pressed by filing a memo. Prima facie, this is a
strong circumstance to infer collusion as alleged
by the petitioner. In those circumstances, if the
petitioner is dispossessed from the subject
property i.e., item No.1 of the plaint schedule,
as contended by learned counsel for the
petitioner, there is every likelihood of causing
irreparable loss and hardship to the petitioner.
In these circumstances, this Court is inclined to
pass the following order:
"There shall be stay of all further
proceedings pursuant to the issuance of
delivery warrant, dated 15.12.2023, in
EA.No.21 of 2023 in EP.No.54 of 2022 in
OS.No.153 of 2016 on the file of the
Court of the I Additional District Judge,
Guntur, for a period of four weeks."
________
RC, J
Note: Issue CC today
B/o
Vjl
