Vinta Silpa Reddy vs Vennagiri Yedukondalu
2024 Latest Caselaw 648 AP

Andhra Pradesh High Court - Amravati

Vinta Silpa Reddy vs Vennagiri Yedukondalu on 23 January, 2024

             HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
                     MAIN CASE No: Appeal Suit No.62 of 2024

                             PROCEEDING SHEET
Sl.                                                                               OFFICE
                                            ORDER

No.   DATE                                                                         NOTE
01. 23.01.2024 BVLNC, J
                                      I.A.No.1 of 2024

Heard Smt. Sireesha Rani Vallabhaneni, learned

counsel representing Sri Sreenivasa Rao Velivela,

learned counsel for the petitioner/appellant/defendant.

The learned Trial Court in a suit filed for Specific

Performance refused the relief of 'Specific Performance'

and decreed the suit for alternative relief directing the

petitioner/appellant to refund Rs.11,00,000/- with

interest thereon at the rate of 12% per annum from the

date of suit till the date of decree and at 6% per annum

from the date of decree till realization.

It appears that the learned Trial Court granted the

alternative relief as the petitioner/appellant/defendant

in the pleadings as well as in the evidence conceded that

the petitioner/appellant received a sum of

Rs.11,00,000/- and ready to refund the same. In that

view of the matter, the learned Trial Court directed the

petitioner/appellant/defendant to refund the sum of

Rs.11,00,000/- with interest, as stated above.

 Sl.                                                                       OFFICE
                                       ORDER
No.   DATE                                                                 NOTE

The grievance of the petitioner/appellant appears

to be on the quantum of interest awarded by the learned

Tribunal on the ground that there is no interest as

stipulated on the advance sale consideration.

In that view of the matter, there shall be Interim

Stay of the Decree and Judgment of the learned Trial

Court passed in O.S.No.268 of 2017 dated 10.07.2023

on the file of XII Additional District Judge, Vijayawada,

on a condition of petitioner/appellant depositing a sum

of Rs.11,00,000/- (Rupees eleven lakhs only) within a

period of eight (08) weeks from the date of order, failing

which, the 'interim stay' automatically stands vacated

without recourse to the Court.

Petitioner/appellant/defendant is directed to take

out personal notice to the respondent/plaintiff through

Registered Post with Acknowledgment due and shall file

proof of service in the Registry.

List on 19.03.2024.

__________ BVLNC, J DNB