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1996 Supreme(AP) 1181

V.BHASKARA RAO
State Of A. P. rep. by District Collector, Vizianagaram – Appellant
Versus
Tube. Tools and Hardware Mart rep. by its Partner, Sri Moiz Bhoy, Visakhapatnam – Respondent


V. BHASKARA RAO, J.

( 1 ) THIS Revision Petition is directed against the order in I. A. No. 1043/1990 and LA. No. 1124/1990 in unregistered A. S. on the file of the District Judge, visakhapatnam, dated 14-12-1990.

( 2 ) THE facts leading to this Revision Petition in brief are : the revision petitioner suffered decree in O. S. No. 711/1985 on the file of the IV Addl. District Munsif, Visakhapatnam, in favour of the respondent herein. Aggrieved by the judgment and decree stated above, the revision petitioner filed an appeal in the Court of District Judge, Visakhapatnam. As there was delay in filing the appeal, he sought for condonation of delay under section 5 of the Limitation Act in I. A. No. 1023/1990. He also filed another petition, LA. No. 1043/ 1990 under Order 41 Rule 5 of C. P. C. seeking stay of execution in E. P. No. 304/1990 in O. S. No. 711/1985 on the file of the IV Add, district Munsif, Visakhapatnam. The learned Judge granted conditional interim stay pending disposal of the appeal. At that stage, I. A. No. 1023/1990 under Section 5 of the Limitation Act was still pending. The respondent herein then filed a petition I. A. No. 1124/1990 for vacating the stay granted in i.







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