Smt Kothapalli Mangayamma vs The Gram Panchayat
2024 Latest Caselaw 9696 AP

Andhra Pradesh High Court - Amravati

Smt Kothapalli Mangayamma vs The Gram Panchayat on 26 October, 2024

    HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

                Second Appeal No.665 of 2024

                   PROCEEDING SHEET

SL.   DATE                            ORDER                              OFFICE
NO                                                                        NOTE
.

01 26.10.2024 JS,J I.A.No.01 of 2024 O.S.No.52 of 2009 was filed by 1st respondent/Gram Panchayat, Pottilanka, represented by its Secretary, East Godavari District, against the petitioner and respondent No.2 herein seeking the relief of mandatory injunction for removal of further constructions made by the 1st defendant in the suit schedule property.

Petitioner/appellant submits that he is in possession of Ac.0.01 cent of land and raised constructions in the said land. O.S.No.52 of 2009 was decreed in favour of the plaintiff and against the 1st defendant granting relief of mandatory injunction directing the 1st defendant to remove further constructions made in the suit schedule property, subsequent to filing of the suit, within three months from the date of judgment, failing which the plaintiff is at liberty to get them removed under due process of law.

Against which, the petitioner has preferred A.S.No.86 of 2018. The appeal was SL. DATE ORDER OFFICE NO NOTE .

26.10.2024 dismissed on 13.08.2024 by confirming the decree and judgment dated 25.01.2018 in O.S.No.52 of 2009 passed by the I-Additional Junior Civil Judge, Rajamahendravaram.

The learned counsel for the petitioner submits that, in view of the dismissal of the appeal, now the then President/Sarpanch is pressurising the present Body to demolish the said property and if the property is demolished, the petitioner would suffer irreparable loss. He further submits that pending appeal on 23.6.2018, the learned Principal Civil Judge (Senior Division), Rajamahendravaram, East Godavari District has passed the following order:

"Considering the above circumstances petition is allowed by granting stay of execution of judgment and decree dated 25.01.2018 in O.S.No.52 of 2009 on the file of I-Additional Junior Civil Judge, Rajahmundry on deposit of suit costs before the Trial Court till disposal of the suit".

Recording the said submission, the respondents are directed not to take any coercive steps for a period of 6 weeks from today.

 SL.     DATE                           ORDER                          OFFICE
NO                                                                     NOTE
.
      26.10.2024

Post the matter after four weeks, in the mean time, learned counsel for the petitioner is permitted to take out notice to respondents.

________ JS, J Note: CC by today GRL