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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, MAHESWARA RAO KUNCHEAM
S.R.K. Bhailal Bhai J.V. – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. interim order compliance and timelines. (Para 1 , 2 , 3 , 4 , 5) |
| 2. disputes over interim order compliance. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. final directives on deposit and further proceedings. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
ORDER :
Heard Sri D.Yathindra Dev, learned Special Government Pleader for the appellants in COM.C.A.No.6 of 2021 and Sri C.V.R.Rudra Prasad, learned counsel representing Sri
Ch.Purnachandra Rao, learned counsel for the respondent.
2. The interim order dated 15.04.2021, read as under:
“COM.C.A No.6 OF 2021
Admit.
I.A.No.1 of 2021
Heard the learned Advocate General and Sri P.Kamalakar representing Sri Ch.Purnachandrarao, learned counsel for the respondent.
Having regard to the submissions made by the learned Advocate General and the learned counsel for the respondent-decree holder and taking into account the findings recorded by the trial court, there shall be interim stay as prayed for subject to the appellants-petitioners’ depositing half of the decretal amount + costs within a period of twelve (12) weeks from today. On such deposit, the respondent-decree holder is entitled to withdraw the same.
It is also made clear t
Compliance with interim orders is essential; failure to comply may result in loss of stay and further execution proceedings.
Non-compliance with conditional stay deposit vacates stay automatically, dismissing petition.
Interest on decreed amounts will not cease upon deposit in a court other than the executing court; actual payment to the decree holder is required to stop interest accrual.
Compliance with court-ordered deposit requirements is crucial, and failure to do so may result in the vacating of any suspended sentence.
Interest ceased to run on the deposited amount after the dismissal of FAO No. 284/2005 on 04.12.2008.
The main legal point established in the judgment is the court's discretion to determine the sufficiency of a deposit in compliance with its directions, and the authority to substitute original direct....
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