LAWS(APH)-2022-11-30

KOGANTI KOTESWARA RAO Vs. ANNE SUBBA RAO

Decided On November 16, 2022
Koganti Koteswara Rao Appellant
V/S
Anne Subba Rao Respondents

JUDGEMENT

(1.) Defendant, who suffered decree filed the above revision against the order dtd. 15/3/2022 in E.A.No.5 of 2022 in E.P.No.8 of 2021 in O.S.No.239 of 2019 (Old O.S.No.71 of 2014) on the file of Additional Chief Metropolitan Magistrate-cum-Senior Civil Judge, Gannavaram.

(2.) 1st Respondent/plaintiff filed suit against the revision petitioner and 2nd respondent for declaration of title and consequential relief of delivery of possession of schedule property and also to render accounts.

(3.) By judgment dtd. 10/1/2020 suit was decreed by the trial Court. Trial Court directed the defendants to vacate the schedule property within 60 days from the date of judgment, failing which plaintiff is at liberty to recovery the same under due process of law. Pursuant to decree, plaintiff filed E.P.No.8 of 2021, wherein the revision petitioner herein filed E.A.No.5 of 2022 under Order XXI Rule 26 of CPC to stay further proceedings in E.P.No.8 of 2021 till disposal of stay petition in I.A.No.179 of 2021 in A.S.No.47 of 2021 on the file of XI Additional District Judge, Gudiwada.