KANDULA CHENNARAYUDU Vs. JONNALAGADDA NAGAMANI

JUDGEMENT

(1.) The civil revision petition is filed under Article 227 of the Constitution of India against the order dtd. 5/1/2024 in IA No.802 of 2023 in AS No.125 of 2023 on the file of the I Additional District Judge, Nellore filed under Sec. 94(e) read with Order 41 Rule 5 and Sec. 151 of the Code of Civil Procedure, to stay all further proceedings including the conducting of auction to be held on 22/8/2023 pending disposal of the appeal in EA No.32 of 2022, EP No.63 of 2017 in OS No.487 of 2015 on the file of Principal Senior Civil Judge, Nellore.

(2.) It is mainly contended that the Appellate Court while passing interim order staying the proceedings in EA No.32 of 2022, further directed not to confirm sale in the absence of the purchaser before the Appellate Court.

(3.) EA No.32 of 2022 was filed under Order 21 Rule 58 of the Code of Civil Procedure by the 1st respondent herein who is no other than the wife of the 2nd respondent/JDR, and having failed to get the relief, preferred appeal in AS No.125 of 2023. By filing IA No.802 of 2023 in the said appeal, the 1st respondent sought protection order under Order 41 Rule 5 and Sec. 151 of the Code of Civil Procedure, to stay all further proceedings as noted above.