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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBHENDU SAMANTA
State Of Andhra Pradesh, Rep. By District Collector, East Godavari, Kakinada – Appellant
Versus
Vijaya Lakshmi Insecticides And Pesticides Limited, Nagarjuna Hills, Hyderabad – Respondent
| Table of Content |
|---|
| 1. the state filed for stay of execution. (Para 1) |
| 2. contention regarding pending suits and orphans. (Para 2 , 3) |
| 3. court’s analysis of procedural history and orphanage issues. (Para 4 , 5 , 6) |
| 4. absent merit for civil revision petition. (Para 7) |
| 5. dismissal of civil revision petition. (Para 8) |
Order :
SUBHENDU SAMANTA, J.
The instant Civil Revision Petition has been preferred against the order, dated 17.11.2021 passed in E.A.No.178/2020 in E.P.No.5/2007 in O.S.No.15/2000 on the file of the learned III Additional District Judge, Kakinada.
2. Learned counsel for the respondents submits that the State of Andhra Pradesh being the judgment debtor filed an application before the learned executing Court under Order 21 Rule 29 read with Section 151 CPC for granting stay of all further proceedings in E.A.No.177/2019 in E.P.No.5/2007; the affidavit in support of their E.A. contended that O.S.Nos.241/2018, 250/2018 and 251/2018 are pending before the Court of Law, which contains the property under execution. It is further contended by the learned counsel for the respondents that more than 132 orphans are residing in the suit schedule property, which is under determination of th
Court ruled there was no merit in staying execution of a decree despite the presence of orphans on the property, emphasizing the prolonged nature of the proceedings and previous judicial decisions.
Repeated failure of petitioners to establish rights in execution proceedings justified dismissal of applications for stay and highlighted abusive court practices.
Once a stay petition is founded on a specific suit whose disposal it awaits, withdrawal of that suit renders the petition infructuous.
Mere pendency of an appeal does not stay execution proceedings unless explicitly ordered by the appellate court, as per Order 41 Rule 5 of the Code of Civil Procedure.
Mere pendency of appeal does not stay execution under Order 41 Rule 5(1) CPC unless expressly ordered.
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