IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU AND THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RAMANA IA No. 1 OF 2021

IN

AS NO: 49 OF 2021

Between:

• 1. P.L.K.Prasad, S/o.Venkata Swamy, Hindu, Aged about 60 years, R/o.31, S.B.I.Colony, Kurnool city.
• 2. N.Guru Raja Rao, S/o.Narayana Rao, Hindu, Aged about 61 years, R/o.H.No.45/24K-17-1A, Sri Krishna Colony, Kurnool city.
• 3. G.Kiran Kumar, S/o.Vijayudu, Hindu, Aged about 42 years, R/o.H.No.87-522-1, Madhavanagar, Kurnool City.

...Petitioners/Appellants

AND

• 1. N.Venkateswara Reddy, S/o.late N.Mahananda Reddy, Hindu, aged about 60 years, R/o.H.No.43/253J14, Sankalbagh, N.R.Peta, Kurnool City, Kurnool District.
• 2. P.Srinivas, S/o.Nagappa, Hindu, Aged about 61 years, R/o.H.No.34/105-12, Kummari Street, Kurnool city.

...Respondents

Orra

[ $RR-2$ not necessary party in this IA]

Counsel for the Petitioners: SRI M RAMMOHAN Counsel for the Respondent No.1: SRI O MANOHER REDDY

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay all further proceedings in EP.No.304/2021 in OS.No.6/2008 on the file of I Addl.District Judge, Kurnool, pending disposal of AS No. 49 of 2021, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following

ORDER:

"Since it is a money decree, there shall be a stay of execution, on the condition that the appellants deposits 50% of the decreetal amount along with the interest and other costs awarded, within a period of

eight (08) weeks from today into the credit of the suit in the lower Court. In case, the Respondents wishes to withdraw the amount, they shall make an appropriate application and it shall be decided on its own mertis.

If such deposit is not made, the stay shall be vacated automatically."

SD/- M.SRINIVAS

ASSISTANT REGISTRAR

//TRUE COPY//

For ASSISTANT REGISTRAR

To,

• 1. The I Addl.District Judge, Kurnool
• 2. N.Venkateswara Reddy, S/o.late N.Mahananda Reddy, Hindu, aged about 60 years, R/o.H.No.43/253J1-4, Sankalbagh, N.R.Peta, Kurnool City, Kurnool District. (By RPAD)
• 3. One CC to SRI. M RAMMOHAN Advocate [OPUC]
• 4. One CC to SRI. O MANOHER REDDY Advocate [OPUC]
• 5. One spare copy

NPC

NOTE: The words "In case, the appellants wishes to withdraw the amount" mentioned in the order portion is corrected as "In case, the Respondents wishes to withdraw the amount" as per order of this Court dated 20.09.2023 in IA No.1 of 2023. Substitute this amended order in place of earlier order, which was dispatched on 03.07.2023"

SD/- M.SRINIVAS ASSISTANT REGISTRAR

HIGH COURT

DVSSJ $\mathbf{g}$ DVRJ

DATED:22/06/2023 $(20.09.2023)$

LIST AFTER EIGHT WEEKS

ORDER (Amended)

IA No. 1 OF 2021 $\overline{IN}$ AS.No.49 of 2021

DIRECTION