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2024 Supreme(Online)(AP) 9985

HIGH COURT OF ANDHRA PRADESH
3458 - KIRANMAYEE MANDAVA
NIRANJAN RAO (DIED) – Appellant
Versus
BORRA ALIVELU MANGAMMA – Respondent


ORDER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order dated 06.02.2019 in E.P. No.216 of 2011 in O.S. No.669 of 2002 on the file of learned Principal Junior Civil Judge, at Machilipatnam.

2. The petitioner contends that while an interim order granted by this Court in S.A.M.P. No.700 of 2012 in S.A. No.334 of 2012 dated

04.04.2012 was in force, the learned trial Judge issued delivery warrant. The petitioner contends that the said decision seem to have been taken in the light of the decision of the Hon’ble Supreme Court in the case of Asian Resurfacing of Road Agency Private Limited Vs. Central Bureau of Investigation,1in Crl. Appeal No.1375, 1376/13, dated 23.03.2018.

3. However, in view of the larger Bench decision of the Hon’ble Apex Court in the case of High Court Bar Association, Allahabad Vs. State of U.P. & Ors., wherein it is observed that:

“36. Hence, with greatest respect to the Bench which decided the case, we are unable to concur with the directions issued in paragraphs 36 and 37 of the decision in the case of Asian Resurfacing. We hold that there cannot be automatic vacation of stay granted by the High Court. We do no

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