Chilaka Praveen Kumar vs Gadigunta Ramanaiah
2024 Latest Caselaw 8564 AP

Andhra Pradesh High Court - Amravati

Chilaka Praveen Kumar vs Gadigunta Ramanaiah on 18 September, 2024

                  HIGH COURT OF ANDHRA PRADESH
                  MAIN CASE NO.: A.S. No.459 of 2024
                            PROCEEDING SHEET

Sl.No.     Date                            ORDER                       OFFICE
                                                                        NOTE

  2.     18.09.2024 TMR, J
                                    I.A. No.1 of 2024

                           This application is filed seeking stay
                   of all further proceedings pursuant to the
                   order      dt.     10.08.2023        passed   in
                   E.P.No.1012/2019 in O.S.No.209/2017 on
                   the file of III Additional District Judge,
                   Nellore.
                           Heard     the    learned   counsel    for
                   petitioner.
                           Learned counsel for the petitioner
                   placed reliance on the order passed in
                   E.P.No.1012/2019 dt. 10.08.2023, wherein
                   it was observed that the E.P. schedule
                   properties were attached on 25.10.2022, in
                   in which for item No.2 of the schedule
                   property, the judgment debtor executed the
                   Sale Deed in favour of Chiluka Praveen
                   Kumar, who is the claim petitioner, on
                   29.09.2017. By recording the said reason,
                   the execution Court excluded item No.2
                   from the sale.
                           In connection with item No.1 of the
                   schedule property, learned counsel for the
                   petitioner placed reliance on the order in
                   E.A.No.78/2023 dt. 09.07.2024. According
                   to the learned counsel for petitioner, the
                   petitioner purchased item No.1 of the
 schedule    property      by    virtue         of     the
registered Sale Deed dt. 17.02.2020 before
the Sub-Registrar, Indukurpet.             Learned
counsel for the petitioner submits that in
support of his claim, the petitioner relied
on Ex.P.3, certified copy of the registered
Sale Deed executed by the judgment debtor
in his favour.
       The trial Court negatived the case of
the   petitioner     by   observing      that        the
attachment order was made on 04.12.2019
by which date no sale deed was executed by
the judgment debtor.
       Learned counsel for the petitioner
points out that in the order dt. 10.08.2023
in    E.P.No.1012/2019,        the     trial        court
observed that the schedule property is
attached on 25.10.2022, whereas in the
order dt. 09.07.2024, the same Court
observed that the attachment was made on
04.12.2019.
       As there is a controversy regarding
the date, on which the attachment order
was effected, and the learned counsel for
petitioner undertakes to deposit 1/4th of
the decretal amount within two (2) weeks
before the execution Court, as it has to be
decided as to on which date the attachment
of item No.1 of the schedule property was
effected,     this    Court,         taking          into
consideration the facts and circumstances
of the case, is inclined to pass the following
order:
        There shall be stay of all further
proceedings        in      E.P.No.1012/2019       in
O.S.No.209/2017 on the file of the learned
III   Additional        District   Judge,   Nellore,
subject to the petitioner depositing 1/4th of
the decretal amount within a period of two
(2) weeks before the execution Court.
       List after four (4) weeks.
       In the meantime, issue notice to the
respondents.

________ TMR, J Note: Issue C.C. today (B/o) MVA