C.KONDAIAH, V.MADHAVA RAO
Musala Annaji Rao – Appellant
Versus
Boggarapu Papaiah Setty – Respondent
( 1 ) THIS Letters Patent Appeal arising out of O. S. No. 93 of 1969 on the file of the Additional Subordinate Judges Court, Kurnool and directed against the order of our learned brother, Muktadar J. dismissing at S. R. stage an application for stay of execution of the decree in the suit pending an unnumbered appeal and an application for condoning the delay in the filing of the appeal, gives rise to a short but important and interesting question of law, viz. ,"whether the Court is competent or has jurisdiction and power to grant stay of execution of the decree pending admission and registration of a regular appeal filed beyond the period of limitation provided therefor, or pending disposal of the application filed for condonation of delay in filing the appeal?"
( 2 ) IN order to appreciate the scope of the question, it is necessary to state briefly the material facts and circumstances that gave rise to it. The respondent herein Boggarapu Papaiah Setty instituted a suit, O. S. No. 93 of 1969 on the file of the Court of the Subordinate Judge, Kumool for recovery of a debt of Rs. 5,000. 00 on the foot of a promissory note executed by the father of the appellants herein, o
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