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2024 Supreme(Online)(AP) 19315

APHC010399242023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [2692]

(Special Original Jurisdiction)

WEDNESDAY ,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 2103/2023 Between:

Somasani Pitchi Reddy, ...PETITIONER AND The A P S R T C and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. S DILIP JAYA RAM Counsel for the Respondent(S):

1. VENKATESWARLU SANISETTY FOR (APSRTC)

The Court made the following:

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 2103/2023

ORDER:

The Civil Revision Petition is filed questioning the Order dated

08.05.2023 in I.A.No.205 of 2023 in AS No.107 of 2022 passed by the III Additional District Judge, Guntur, Guntur District.

2. The Petitioner is the Plaintiff. O.S.No.482 of 2016 was filed by him for recovery of money of Rs.8,66,275/- from the Respondent/APSRTC. After contest, the suit was decreed on 26.11.2019 and the Respondent/APSRTC was directed to pay a sum of Rs.8,66,275/- with subsequent interest at 12% P.A. from the date of institution of the suit till the date of decree and future interest at the rate of 6% per annum from the date of decree till the date of realization.

3. Aggrieved thereby, the Respondent/APSRTC filed Appeal No.107 of 2022 before III Additional District Judge, Guntur. Along with the Appeal, the respondent/APSRTC filed I.A.No.205 of 2023 seeking to stay of all further proceedings in E.A.No.187 of 2021 in E.P.No.86 of 2020 in O.S.No.482 of 2016 on the file of IV Additional Senior Civil Judge, Guntur, pending disposal of the appeal. The District Appellate Court on 08.05.2023 granted stay of all further proceedings subject to the condition that the Respondent/Appellant/APSRTC deposits the suit costs of Rs.38,700/- before IV Additional Senior Civil Judge Court, Guntur, within

30 days, failing which, the petition shall stand dismissed. Questioning the same, the present Civil Revision Petition is filed by the Petitioner/Plaintiff.

4. Learned counsel for the Petitioner/Plaintiff contended that the District Appellate Court could not have been granted the blanket stay as the decree under challenge is a money decree and the Plaintiff having succeeded in the trial Court cannot be made to wait for a further period till disposal of the appeal.

5. The respondent/APSRTC/Appellant being the State Owned Corporation, the money due to the Petitioner in the event of success was always secure. This court is of the opinion that as the decree is of the year 2019 and the stay of operation of the decree is in operation from the year 2022, it would be appropriate if the Appeal is disposed of on merits at the earliest. The District Appellate Court is therefore requested to dispose of the appeal within a period of Six months from today.

6. With the above observation, the Civil Revision Petition is disposed of. The parties shall not take any unnecessary adjournments and cooperate with the Appellate Court and make their submissions in the appeal without delay. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

________________ NYAPATHY VIJAY, J Date: 04-12-2024 eha THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRP No.2103 of 2023 Dt.04-12-2024 U eha

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