Kala Bhima Shankara Subrahmanyeswara ... vs Balagam Vijay Kumar
2024 Latest Caselaw 9793 AP

Andhra Pradesh High Court - Amravati

Kala Bhima Shankara Subrahmanyeswara ... vs Balagam Vijay Kumar on 23 October, 2024

                                                                                          25
          HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI                                      41
                                                                                          03
                        MAIN CASE No: A.S.No.401 of 2024
                                                                                          98
                               PROCEEDING SHEET                                           74
Sl.                                                                                       32
                                                                                      OFFICE
        DATE                                ORDER                                         87
No.                                                                                    NOTE
                                                                                          62
      23.10.2024 TMR, J                                                                   01
                                       I.A.No.1 of 2024                                   42
                                                                                          24
                      This interlocutory application is filed to condone the              30
                delay of 93 days in filing the appeal against the judgment and            52
                decree dated 03.11.2023 passed in O.S.No.17 of 2020 on                    41
                                                                                          12
                the file of the III Additional District Judge, Kakinada.
                                                                                          70
                      Heard both the learned counsel.                                     43
                      For the reasons stated in the accompanying affidavit                16
                                                                                          53
                filed in support of this interlocutory application, this
                                                                                          60
                application is allowed and the delay of 93 days is hereby                 25
                condoned.                                                                 91
                                                                                          04
                                                                           ________
                                                                            TMR, J        34
                                       I.A.No.2 of 2024                                   53
                                                                                          24
                      This interlocutory application is filed to stay of all              71
                further proceedings in pursuance of Judgment and Decree                   30
                dated 03.11.2023 in O.S.No.17 of 2020 on the file of the III              21
                                                                                          13
                Additional District Judge, Kakinada, including execution
                                                                                          45
                proceedings in E.P.No.6 of 2024.                                          32
                      Heard both the learned counsel.                                     83
                                                                                          45
                      Learned counsel for the petitioner submits that they
                                                                                          64
                have grounds to succeed in the matter. To show their                      45
                bonafide, they are ready to deposit 50% of the decreetal                  51
                                                                                          26
                amount as suggested by the learned counsel for the
                                                                                          20
                                                                                          59
                                                                                          87
                                                                                          61
                                                                                          55
                            2

respondent.

Considering the submissions of both the learned counsel and after perusing the material on record, this Court is inclined to grant stay. There shall be an interim stay of all further proceedings in O.S.No.17 of 2020 on the file of the III Additional District Judge, Kakinada, including execution proceedings in E.P.No.6 of 2024, subject to a condition that the petitioner should deposit 50% of the decreetal amount within a period of eight (08) weeks from the date of receipt of a copy of this order. In the event of failure of deposit of amount, the execution Court is at liberty to proceed with the execution without further orders from this Court.

________ TMR, J

List the matter after eight weeks.

________ TMR, J MKK