Smt. Vasanta Manasseh vs M/S. Sarah Constructions
2022 Latest Caselaw 1997 Tel

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         THE HON'BLE SRI JUSTICE UJJAL BHUYAN

         CIVIL REVISION PETITION No.803 OF 2022

ORDER:

Heard Mr. T. Prashanth Kumar, learned counsel for the

revision petitioners.

2. This revision petition has been filed assailing the

docket order dated 18.08.2020 passed by the XXVII

Additional Chief Judge, City Civil Court, Secunderabad in

I.A.No.427 of 2020 in A.S.No.24 of 2020.

3. Respondent as the plaintiff had instituted O.S.No.19 of

2015 against the petitioners who are arrayed as defendants.

The suit was for recovery of money under contractual

obligation. Learned trial Court i.e., III Additional Senior Civil

Judge, City Civil Court, Secunderabad by the judgment and

decree dated 19.02.2020 decreed the suit for Rs.14,86,571-

00 with cost along with interest @ 12% per annum from the

date of filing of the suit till the date of realization.

4. Against the aforesaid judgment and decree, petitioners

have preferred appeal before the I Additional Chief Judge,

City Civil Court, Secunderabad which has been registered as

A.S.No.24 of 2020. Petitioners also filed a petition under

Order 41 Rule 5 (1) of the Code of Civil Procedure, 1908

(CPC) to stay the judgment and decree dated 19.02.2020

during pendency of the appeal. By the docket order dated

18.08.2020 learned lower appellate Court has granted

interim stay subject to petitioners depositing suit costs and

1/4th of the decreetal amount within 15 days.

5. Learned counsel for the petitioners submits that

because of financial hardship suffered on account of

Covid-19 pandemic and also on account of death of petitioner

No.2, petitioners are not in a position to make the payment

in terms of docket order dated 18.08.2020, though suit costs

have been deposited.

6. I am afraid that on such consideration, there can be a

blanket stay on a money decree. As a matter of fact, Court

finds no error or infirmity in the view taken by the lower

appellate Court in passing the order dated 18.08.2020.

7. However, for ends of justice petitioners may still deposit

1/4th of the decreetal amount within 30 days from today and

if such deposit is made with proof submitted before the

learned lower appellate Court, there shall be stay of the

judgment and decree dated 19.02.2020. However, if the

petitioners fail to make the deposit as above, the stay order

would not be operative.

8. Accordingly, this disposes of the civil revision petition.

9. Miscellaneous petitions if any, pending in this civil

revision petition shall stand closed.

____________________ UJJAL BHUYAN, J

Date: 19.04.2022.

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THE HON'BLE SRI JUSTICE UJJAL BHUYAN

CIVIL REVISION PETITION No.803 OF 2022

Date: 19.04.2022

vrks