HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

WEDNESDAY, THE THIRTY FIRST DAY OF OCTOBER, TWO THOUSAND AND EIGHTEEN : PRESENT :

THE HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND THE HON'BLE MS JUSTICE J.UMA DEVI

IA.No. 1 of 2018 IN CCCA.No. 134 of 2018

Between: Kumara Swamy, S/o. Late V.Beerappa

Petitioner (Appellant in CCCA.No. 134 of 2018 on the file of the High Court)

AND

• D.Venugopal Reddy, S/o. Sri D.Krishna Reddy, at present residing at Phoenix USA, rep. by his GPA Holder Sri V.Rama Subba Reddy, Residing at 466/6, Street No. 87, Habisguda, Hyderabad.
• M/s. Prestige Avenues Limited, Registered office at 4^th Floor, Tirumala Estates, 3-6-262, Himayatnagar, Hyderabad – 500 029, rep by its Managing Director, Sri M.Venkateswara Rao, S/o. M.Venkata Ratnam, R/o. Flat No. 101, 1-1-508/1, Sri Balaji Indraprash, Gandhi Nagar, Hyderabad – 80.

Respondents

(Respondents in -do-)

COUNSEL FOR PETITIONER: Sri Ghanta Sridhar, Senior Counsel for Sri K.Rammohan Chowdary

COUNSEL FOR RESPONDENT NO.1: Sri Rajesh Maddy

Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to suspend the operation of Judgment and Decree dated 17-11-2017 in OS.No. 418 of 2010 on the file of the II Addl. Chief Judge, City Civil Court at Hyderabad, pending disposal of CCCA.No. 134/2018 on the file of the High Court.

The Court while directing issue of notice to the Respondents herein to show cause why this petition 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).

ORDER:

"Pending a regular appeal against a decree for specific performance, the 2^nd defendant, who is the appellant, seeks interim suspension of the decree.

Heard Mr.Ghanta Sridhar, learned senior counsel, appearing for the petitioner/appellant, and Mr.Rajesh Maddy, learned counsel, appearing for the 1^st respondent/plaintiff.

The decree granted by the trial court reads as follows:

• 1. That the suit of the plaintiff be and the same is hereby decreed.
• 2. That the plaintiff shall deposit the remaining consideration of Rs.3,93,000/before this court within one month from today. On such deposit, the first defendant shall execute and register a sale deed in favour of the plaintiff in respect of the suit schedule property within three months from the date of deposit.
• That the agreement of sale-cum-irrevocable GPA dt.03.10.2007 bearing document No.2170/2007 and sale deed bearing document No.385 of 2011 dt.18.03.2011 are cancelled.
• 4. That the plaintiff is entitled for the alternative relief of refund of earnest money i.e, Rs.36,57,000/- with interest at 18% per annum from the respective dates of each of those part payments till the date of decree and thereafter at 6% per annum till the date of realization against the first defendant, if he does not choose to get a regular sale deed from the first defendant.

5. That the defendant do pay a sum of Rs.42,498/- to the plaintiff towards costs of the suit."

The petitioner cannot have any objection to Clause-4 of the decree. Therefore, it cannot be stayed. The reason is that if the plaintiff chooses to execute Clause-4 of the decree, Clauses-2 & 3 of the decree will automatically stand annulled. Therefore, we cannot grant stay of Clause-4 of the decree.

But in so far as Clauses-2 & 3 are concerned, as the appeal is first appeal, the decree cannot be allowed to be executed, making the appeal infructuous. Hence, there will be an interim suspension of Clauses-2 & 3 of the decree, subject to the condition that the petitioner deposits to the credit of the suit a sum of Rs.42,498/-, awarded as costs, within a period of four weeks, from the date of receipt of a copy of this order. Upon such deposit being made, the 1^st respondent is permitted to withdraw the same."

// TRUE COPY //

for ASSISTANT REGISTRAR

ASSISTANT REGISTRAR

SD/-V. SUDHA

To

• 1. The II Addl. Chief Judge, City Civil Court at Hyderabad.
• Sri V.Rama Subba Reddy, GPA Holder of Sri D.Venugopal Reddy, S/o. Sri D.Krishna Reddy, Residing at 466/6, Street No. 87, Habisguda, Hyderabad.
• Sri M.Venkateswara Rao, S/o. M.Venkata Ratnam, Managing Director, M/s. Prestige Avenues Limited, Registered office at 4^th Floor, Tirumala Estates, 3-6-262, Himayatnagar, Hyderabad – 500 029, R/o. Flat No. 101, 1-1-508/1, Sri Balaji Indraprash, Gandhi Nagar, Hyderabad – 80. (2 & 3 by RPAD)

4. One CC to Sri K.Ramamohan Chowdary, Advocate(OPUC)

5. Two spare copies.

SAH

HIGH COURT

VRSJ & JUDJ

DATED: 31-10-2018

ORDER

IA.NO. 1 OF 2018 IN CCCA.NO. 134 OF 2018

INTERIM SUSPENSION