High Court of Andhra Pradesh disposed of a civil revision petition under Article 227 challenging an order allowing a stay. The court held that observations in the interlocutory order have no bearing on the main appeal's disposal.
Civil Revision Petition disposed of; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TEN
PRESENT
THE HON'BLE SRI JUSTICE K.C.BHANU
CIVIL REVISION PETITION No. 211 OF 2009
Between :
P.Bhanumathi and others. ...PETITIONERS
A N D
G.Ramanadham Naidu and others. …RESPONDENTS
THE HON'BLE SRI JUSTICE K.C. BHANU
CIVIL REVISION PETITION No. 211 OF 2009
O R D E R:
This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 26.09.2008 in I.A. No. 414 of 2008 in A.S. No. 8 of 2008, on the file of the Senior Civil Judge, Srikalahasti, Chittoor District, whereunder and whereby, the application filed to stay the operation of decree and Judgment in O.S. No.903 of 2001, was allowed.
2. The learned counsel for the petitioners contended that the observations recorded in the order in the interlocutory application are nothing but coming to a pre-conclusion in the appeal and therefore, he prays to set aside the impugned order.
3. The learned counsel for the respondents opposed the same, on the ground that for the purpose of disposal of the interlocutory application,
certain observations have been made and they cannot have effect at the time of disposal of appeal.
4. Without going into the merits of the case, it is made clear that any observation or finding given in the impugned order, does not have any bearing or effect at the time of disposal of the appeal, and the appeal shall have to be disposed of, in accordance with law, basing on the evidence available on record.
5. With the above observation, the Civil Revision Petition is disposed of. No costs.
_______________ K.C.BHANU. J
MARCH 23, 2010. YVL
1 issue framed by the court
Whether an observation made in an interlocutory application order is binding on the disposal of the main appeal.
2 provisions across 1 enactments
P. Bhanumathi and others
G. Ramanadham Naidu and others
K.C. Bhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
