IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAY FRIDAY, THE TWENTY FOURTH DAY OF NOVEMBER) TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

IA No. 2 OF 2023 IN CRP NO: 411 OF 2023

Between:

Bommala Ramesh Babu, S/o (late) Subba Rao, Aged 51 yrs, D.No.30-12-1/85/2 Flat No.G-2, Sarat Residency, Sivaji Nagar, 4th Road, Tirumala Nagar, Vadlapudi, Visakhapatnam.46

...Petitioner

(Petitioner in CRP 411 OF 2023 on the file of High Court)

AND

Kambala Surya Venkata Prasada Rao @ Suri Babu, S/o Apparao, Aged 47yrs, D.no.1-6-85/1 Akkireddypalem, BHPV Post, Visakhapatnam.12

...Respondent

(Respondents in-do-)

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the civil revision petition, the High Court may be pleased to pass an Order to stay of all the further proceedings in the E.P.No.69/2021 in O.S.No.107/2018 on the file of Principal Senior Civil Judge at Gajuwaka, pending disposal of CRP No.411 of 2023, on the file of the High Court.

Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and the earlier order of the High Court dt 23.02.2023 made herein and upon hearing the arguments of SRI R.SIVA SAI SWARUP, Advocate for the Petitioner and Sri M.R.S.SRINIVAS, Advocate for the Respondent, the Court made the following

ORDER:

"When the matter is taken up for hearing, learned counsel for the petitioner submits that without conducting any enquiry, the learned Judge was pleased to pass docket order dated 23.12.2022, to detain the Judgment Debtor in Civil prison, Rajahmundry for a period of thirty days. It is further argued by the learned counsel that on earlier occasion also the petitioner has been sent to Central Prison, Rajahmundry for a period of 30 days.

The counsel appearing on behalf of the respondents submits that though the petitioner is working as Deputy General Manager in Vizag Steel

Plant and drawing monthly salary of Rs.2,00,000/-, but the J.Dr intentionally avoiding to pay the amount to the respondent.

At this stage, the counsel appearing on behalf of the petitioner submits that the petitioner would intend to pay an amount of $1/3^{rd}$ of the decretal amount to the respondent.

Accordingly, the petitioner is permitted to deposit an amount of Rs.3,00,000/- to the credit of E.P.No.69 of 2021 in O.S.No.107 of 2018 on the file of Principal Senior Civil Judge, Gajuwaka, within a period of four (04) weeks from the date of receipt of this order. On such deposit, the respondent herein is permitted to withdraw the said amount, by filing appropriate application before the lower Court.

Interim order granted earlier is extended for a period of Six (6) weeks. List the matter on 27.12.2023."

ITRUE COPYII

Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR

SECTION OFFICER

To,

• 1. The Principal Senior Civil Judge at Gajuwaka.
• 2. One CC to Sri M.R.S.SRINIVAS, Advocate [OPUC]
• 3. One CC to Sri. R. Siva Sai Swarup, Advocate [OPUC]

4. One spare copy

ER

HIGH COURT

SRKJ

DATED:24/11/2023

NOTE: LIST THE MATTER ON 27.12.2023

ORDER

IA No. 2 OF 2023 IN CRP NO: 411 OF 2023

INTERIM ORDER EXTENDED AND DIRECTION