HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THE FIRST DAY OF OCTOBER TWO THOUSAND AND FOURTEEN : PRESENT:
THE HON’BLE SRI JUSTICE: M.S.K. JAISWAL RECEIVE & TRANSMIT PETITION No.78 of 2014 AND RECEIVE & TRANSMIT CIVIL MISCELLANEOUS PETITION No. 89 OF 2014 Between:
Konduri Venkata Sivaiah S/o Venkateswarlu .. Petitioner in R&TP No. 78 & R&TPMP No. 89 of 2014) (Appellant in AS. (SR) No. 30683 sought to be received in the High Court, sought to be presented to the Principal District Judge, Krishna, Machilipatnam) AND Nizampatnam Ramakrishna S/o Late Naqncharaiah, Retired Teacher, R/o Pedana Municipality, Pedana, Krishna District Respondents in R&TP No. 78 AND R&TPMP No. 89 of 2014) (Plaintiff in do) R & T P.No. 78 of 2014 Petition under Section 33 of the A.P. Civil Courts Act, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to Receive the Appeal Suit and transmit to the Court of the Principal District Judge, Krishna, Machilipatnam;
R &TMP. NO. 89 OF 2014 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in R&TP No. 78 of 2014 the High Court may be pleased to grant stay of all further proceedings in execution of the decree in O.S. No. 147 of 2011 on the file of the Court of the Principal Junior Civil Judge, Machilipatnam dated 08-09-2014 pending disposal of the above Appeal;
These petitions coming on for orders, upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of Sri V.V.L.N. Sarma, Advocate for the Petitioner in all the petitions;
IT IS ORDERED AS FOLLOWS:
1. That the papers bearing A.S.(Sr) No. 30683 of 2014 sought to be preferred to the Court of the Principal District Judge, Krishna, Machilipatnam, be received in the High Court;
2. To issue notice to the Respondents in R&TP. M.P. No. 89 of 2014 through the Court of the Principal District Judge, Krishna, Machilipatnam, to show cause why this application should not be complied with:
3. The Court made the following ORDER:
“Heard.
The execution of decree and judgment in O.S. No. 147 of 2011, dated 08-09-2014 passed by Principal Junior Civil Judge, Machilipatnam, is sought to be stayed. By the said orders, the trial Court directed that the possession of plaint schedule property be delivered to the plaintiff.
Issue notice to the respondents. In the event of any execution petition is being filed, no final orders should be passed thereon until further orders.”
4. That the aforesaid papers bearing A.S.(Sr) No. 30683 of 2014 sought to be preferred to the Court of the Principal District Judge, Krishna, Machilipatnam, be transmitted to the said Court of the Principal District Judge, Krishna, Machilipatnam // TRUE COPY // To ASSISTANT REGISTRAR FOR ASSISTANT REGISTRAR
1. The Principal District Judge, Krishna, Machilipatnam, (BY RPAD with petitions all the material papers of A.S)
2. Nizampatnam Ramakrishna S/o Late Naqncharaiah, Retired Teacher, R/o Pedana Municipality, Pedana, Krishna District(By RPAD)
3. One CC to Sri V.V.L.N.Sarma, Advocate (OPUC)
4. The Section Officer, Judicial Section, High Court of A.P., Hyderabad.
5. Two spare copies. Csk HIGH COURT MSKJJ DATE: 01-10-2014 ORDER RTP NO. 78 OF 2014 AND RTPMP NO. 89 OF 2014 DIRECTION