Allowed

R C Krishnama Raju, Chittoor Dist v. U Madan Mohan, Hyderabad and 2 Others

Andhra Pradesh HC17 Sept 2024CRP/3603/2016

Case brief

AI extract

What is this about?

This High Court disposed of a civil revision petition challenging an interim order. The Court declined to examine the merits, considering the long delay and potential prejudice, and made an earlier interim stay absolute, directing the appellate court to decide within six months.

What did the court decide?

The interim order of stay granted on 27.07.2016 was made absolute pending the disposal of the appeal.

R C Krishnama Raju, Chittoor Dist Vs U… — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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CIVIL REVISION PETITION NO: 3603 OF 2016

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Petition under Section 115 of CPC, aggrieved by the^{orderdated11-} 07-2016 passed in I.A. No.248 of 2016 in A.S. No.80 of 2016 of IV Additional District Judge, Tirupati.

¶7

Between:

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R. Chenchu Krishnama Raju, S/o R. Chenchu Ramaraju, Hindu, aged 69 years, Rtd. Municipal Librarian, D.No.18-2-2B, Madhura Nagar, Near Leelamahal, Tirupati, Chittoor District.

¶9

...Petitioner/Petitioner/Appellant

¶10

. AND

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U Madan Mohan, S/o A. Doraswamy, Hindu, Aged 33 years, employee. Flat No.208, J.K.M. Avenue, Road No.8, Himayath Nagar, Hyderabad.

¶12

Damarapati Krishnama Naidu, s/o Damarapati Rangaiah Naidu, Hindu, aged 69 years, Rtd. Municipal Employee, D.No.4-6-23-A/1, Reservoir Colony, Tirupati, Chittoor District.

¶13

Damarapati Rajesh, s/o D. Krishnama Naidu, Hindu aged 39 years Business, D.No.4-6-23-A/1, Reservoir Colony, Tirupati, Chittoor District.

¶14

...Respondents/Respondents

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I.A. NO: 2 OF 2016(CRPMP. NO: 5554 OF 2016)

¶16

Between:

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U Madan Mohan, S/o A. Doraswamy. Hindu, Aged 33 years, Occ: Private Employee, now presently residing at Flat No.3, H.No.1-1969/79, Road No.2, Tyagaraya Colony, A.S. Rao nagar, ECIL, Secunderabad - 500062

¶18

...Vacate Stay Petitioner/Respondent No.1

¶19

AND

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R. Chenchu Krishnama Raju, S/o R. Chenchu Ramaraju, Hindu, aged 69 years, Rtd. Municipal Librarian, D.No.18-2-2B, Madhura Nagar, Near Leelamahal, Tirupati, Chittoor District.

¶21

...Respondent/Revision Petitioner

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Damarapati Krishnama Naidu, s/o Damarapati Rangaiah Naidu, Hindu, aged 69 years, Rtd. Municipal Employee, D.No.4-6-23-A/1, Reservoir Colony, Tirupati, Chittoor District.

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Damarapati Rajesh, s/o D. Krishnama Naidu, Hindu, aged 39 years. Business, D.No.4-6-23-A/1, Reservoir Colony, Tirupati,^{ChittoorDistrict.}

¶24

(R2 & 3 are not Necessary Parties)

¶25

...Respondents/Respondents 2 & 3

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Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the orders of interim stay granted in CRPMP No.4629/2016 in CRP No.3603/2016 dated 27.07.2016 by this Hon’ble Court in the interest of justice.

¶27

CRPMP. NO: 4629 OF 2016

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Petition under Section 151 of CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the judgment and decree passed in O.S.No.327 of 2012 dated 18.06.2016 on the file of the I Additional Junior Civil Judge, Tirupathi pending the Civil Revision Petition before this Hon’ble Court.

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Counsel for the Petitioner: Smt. Nimmagadda Revathi

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Counsel for the Respondent No.1: Sri. K S Gopala Krishnan

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Counsel for the Respondent No.2: Sri. Siva Sankara^RaoBorra

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Counsel for the Respondent No.3: Sri. Namavarapu Chanti^Babu

¶33

The Court made the following:

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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C.R.P.No.3603 of 2016

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ORDER:

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The present civil revision petition is filed questioning^the order dated 11.07.2016 in I.A.No.248 of 2016 in A.S.No.80 of 2016 passed by the IV Additional District Judge, Tirupati.

¶38

The petitioner is the appellant/defendant. Petitioner had filed suit O.S.No.318 of 2012 for specific performance of agreement of sale, while the 1®' respondent filed O.S.No.327^of 2012 for permanent injunction against the petitioner^herein.

¶39

The trial Court by a common order dated 18.06.2016^had dismissed the suit for specific performance i.e. O.S.No.318 of 2012 and decreed the suit O.S.No.327 of 2012 filed by the respondent.

¶40

Aggrieved thereby, the petitioner filed A.S.No.80 of^2016as against the decree of injunction in favour of respondent. Along with the appeal, the petitioner filed I.A.No.248 of 2016 seeking to stay the operation of the decree in O.S.No.327 of 2012 pending disposal of the appeal. The lower appellate Court dismissed^the same vide impugned order. Hence, the present revision^isfiled.

¶41

Heard Sri Nimmagadda Revathi, learned counsel for^the petitioner and Sri K.S.Gopala Krishna learned counsel for the respondent.

¶42

Though, arguments were advanced with regard to merits^of the case, this Court is not inclined to examine the same for two reasons. Firstly, any observations in this case at this length of time may have a bearing on the merits of the appeal.^Thesecond reason is that initially this Court granted interim stay on 27.07.2016 and is in vogue for more than eight years.^Therefore this Court is not inclined to disturb the same.

¶43

The civil revision petition is, therefore, disposed of making the interim order of this Court dated 27.07.2016 absolute till disposal of the appeal. As the appeal is of the year 2016, the appellate Court shall endeavor to dispose of the same^within a period of six months from today without further delay. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.

¶44

SD/-B PRASADA RAO ASSISTANT REGISTRAR

//TRUE COPY//

To.

SECTION OFFICER

The IV Additional District Judge, Tirupati. any)' Division), Tirupati. (with records if A Revathi, Advocate [OPUC] c' *^^^3varapu Chanti Babu, Advocate [OPUCl c Gopala Krishnan, Advocate [OPUCl . One to Sri. Siva Sankara Rao Borra, Advocate [OPUC] /. I hree CD Copies SNS sree

HIGH COURT

DATED: 18/09/2024

ORDER

CRP.No.3603 of 2016

ANDH^
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X 2 6 NOV 2e?'i
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. Current Section
P aTCV.^^S-^

¶54

DISPOSING THE CRP WITHOUT COSTS

R C Krishnama Raju, Chittoor Dist v. U Madan Mohan, Hyderabad and 2 Others

Case brief

What is this about?

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R C Krishnama Raju, Chittoor Dist v. U Madan Mohan, Hyderabad and 2 Others

Case brief

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