Citation : 2024 Latest Caselaw 4663 AP
Judgement Date : 21 June, 2024
APHC010532192012
IN THE HIGH COURT OF ANDHRA
PRADESH
[3460]
AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY FIRST DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 962/2012
Between:
Turlapati Vvenkata Pandu Ranga Rao ...PETITIONER
AND
Potharaju Venkata Durga Sitharamanjaneya ...RESPONDENT(S)
Vara Prasad 2 Ors and Others
Counsel for the Petitioner:
1. KOWTURU PAVAN KUMAR
Counsel for the Respondent(S):
1. V SURENDRA REDDY
The Court made the following:
O R D E R:
This revision is filed questioning the order dated
30.12.2011 in E.P.No.52 of 2008 in O.S.No.561 of 2006 passed
by the Principal Senior Civil Judge, Vijayawada, where under the
Execution Petition filed by the petitioner/decree holder, was
dismissed.
Sri V.Surendra Reddy, learned counsel for the respondents
would submit that as against the judgment and decree in
O.S.No.561 of 2006, an appeal was filed before this Court and
the same was numbered as A.S.No.139 of 2012.
Since the judgment and decree in O.S. No. 561 of 2006 are
being challenged by way of a first appeal before this Court, it is
appropriate to not to initiate execution proceedings until the
disposal of the appeal. Therefore, this Court finds no infirmity in
the order, and the present Civil Revision Petition is disposed of,
allowing the petitioner/decree holder to file execution
proceedings, subject to outcome of A.S. No. 139 of 2012 pending
before this Court.
There shall be no order as to costs. As a sequel, the
miscellaneous petitions if any shall stand dismissed.
__________________ NYAPATHY VIJAY,J Date: 21.06.2024 SDP
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 962/2012 Dated 21.06.2024
SDP
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