M.G.Ramamoorthy Reddy vs M.G.Chinnaswamy Reddy
2024 Latest Caselaw 9444 AP

Andhra Pradesh High Court - Amravati

M.G.Ramamoorthy Reddy vs M.G.Chinnaswamy Reddy on 17 October, 2024

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          HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI                                    21
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                        MAIN CASE No: A.S.No.348 of 2021
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                              PROCEEDING SHEET                                          65
Sl.                                                                                     43
                                                                                   OFFICE
        DATE                                ORDER                                       16
No.                                                                                 NOTE
                                                                                        53
      17.10.2024 TMR, J                                                                 60
                                      I.A.No.2 of 2021                                  25
                                                                                        91
                      This interlocutory application is filed to grant stay of          04
                execution of judgment and decree passed in O.S.No.53 of                 34
                2014, dated 18.01.2019, on the file of the IX Additional                53
                                                                                        24
                District Judge, Chittoor.
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                      Heard both the learned counsel.                                   30
                      Learned counsel for the petitioner submits that he has            21
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                fair chances to succeed in the case.
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                      On the other hand, learned counsel for the respondent             32

submits that after considering the merits of the case, the trial 83

Court decreed and in pursuance of the direction of the Court,

the balance of the sale consideration amount was deposited 45

Considering the above submission, this Court is of the

view that the fact of complying of the direction of the trial 59 Court can be considered at the time of disposal of the 87 appeal. However, upon considering the submissions of both 61

the learned counsel, this Court finds that in the event of 66 non-granting of stay, there is every possibility for execution 52 of decree and thereby the very purpose of the appeal will be 89

defeated.

Heard. After perusing the material on record, this 67 Court is inclined to grant stay. There shall be stay of 89 Contd...

execution of judgment and decree passed in O.S.No.53 of 2014, dated 18.01.2019, on the file of the IX Additional District Judge, Chittoor, subjecting the petitioner to deposit the costs of decree in the trial Court, within a period of four (04) weeks from the date of receipt of a copy of this order.

________ TMR, J

List the matter after four weeks.

________ TMR, J MKK