P Mohan Prasad vs. G V S Rama Murthy
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Order Issued After Hearing
Purpose:
Interlocutory
Before:
Hon'ble A V Ravindra Babu
Listed On:
3 Apr 2023
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Order Text
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No: A.S.No. 141 of 2023
PROCEEDING SHEET
| S1.<br>No. | DATE | ORDER | <b>OFFICE</b><br><b>NOTE</b> |
|---|---|---|---|
| 03.04.2023 | AVRB,J | ||
| Heard both sides. | |||
| Learned counsel for the appellant | |||
| represented that the court below apart from | |||
| ordering delivery of vacant possession of the | |||
| schedule property to the plaintiff also directed | |||
| the defendant to pay the arrears of rents of Rs. | |||
| $1,39,500/-$ with subsequent interest at 12% p.a | |||
| from 10.06.2013 till realization and for part of | |||
| payment of damages of Rs. $32,500/-$ from | |||
| December-2012 to April-2013 at Rs. 6,500 per | |||
| month and that plaintiff is entitled to file a | |||
| separate petition for determination of future | |||
| damages. | |||
| He further submits that the respondents | |||
| filed a Memo figuring out an amount of Rs. | |||
| $7,67,000/-$ payable on or before March-2023, | |||
| which is inclusive of claim made by the | |||
| respondent for the damages amount from May- | |||
| 2013 till March-2023 at the rate of Rs. 6,500/- | |||
| per month. However, the appellant will have no | |||
| objection to deposit the said amount. | |||
| Learned counsel for the respondent | |||
| submitted that he figured out an amount of Rs. | |||
| $6,500/-$ which is very less in nature, subject to | |||
| the right of the respondents to claim future |
damages by filing appropriate application before the court below and that the stay may be granted subject to deposit an amount of Rs. 7,67,000/- as claimed by the respondent.
It is brought to the notice of this Court that the respondents filed Execution Petition before the court below seeking delivery of possession of the schedule property.
Having regard to overall facts and circumstances of the case, an interim stay is granted by staying all further proceedings by way of E.P from this day pursuant to the decree dated 21.11.2022 in O.S.No.559 of 2018 on the file of the Special Sessions Judge for Trial of Cases under SC and ST Cases (POA) Act-cum-XI Additional District and Sessions Judge, Visakhapatnam (O.S.No.1252 of 2013 on the file of the court of the VI Additional Senior Civil Judge, Visakhapatnam) subject to deposit an amount of Rs. 7,67,000/- by the appellant before the court below within two (02) weeks from today. If the appellant failed to pay the said deposited amount within two (02) weeks from today, the interim order shall stands vacated.
List the matter after eight (08) weeks.
KK
_________ AVRB,J