Citation : 2024 Latest Caselaw 9060 AP
Judgement Date : 1 October, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
APPEAL SUIT No.466 of 2024
PROCEEDING SHEET Sl. OFFICE No. DATE ORDER NOTE
2. 01.10.2024 NJS, J & JS, J I.A. No.2 of 2024 Heard the learned counsel for the petitioners/appellants, who states that at the time of considering the matter for granting interim relief pending disposal of the appeal, this Court intended to grant interim order staying execution of the judgment and decree under challenge, subject to the condition of the petitioners/ appellants depositing an amount of Rs.9,00,000/- against the suit claim of Rs.28,00,000/-. However, a perusal of the interim order dated 04.9.2024 reads as if the interim stay was granted subject to depositing 1/3rd of the decretal amount including the costs and interest, which would come to Rs.20,03,300/-. The learned counsel submits that the petitioners are not in a position to comply with the said order owing to financial difficulties and seeks modification of the order dated 04.9.2024 by stipulating the amount of Rs.9,00,000/- as a condition for granting interim order.
We have considered the submissions made by the learned counsel for the petitioners, who
tried to impress upon this Court that on the earlier occasion, this Court intended to grant interim stay subject to condition of depositing Rs.9,00,000/-. We are not inclined to accept the said submission in as much as the interim order dated 04.9.2024 is very clear and it was not the intention of the Court to grant interim stay subject to deposit of Rs.9,00,000/- as submitted by the learned counsel for the petitioners.
Therefore, I.A. No.2 of 2024 is dismissed.
List the matter on 15.10.2024.
______ NJS, J
______ JS, J vasu
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