BALINA SRIMANNARAYANA Vs. SRR HOSPITALITIES PVT. LTD.

JUDGEMENT

(1.) The 1st respondent who is plaintiff filed suit claiming an amount of Rs.13,45,17,354.00 towards compensation and for amounts invested for installation, damages and for mandatory injunction directing the 1st defendant in the suit to provide bore well water, municipal water, lifts facility, ground water tanks, and to remove obstructions to septic tanks, shops let out on stair case to remove from on generator to keys of the shutters and to lift garbage to remove constructions in parking area in cellar portion for ingress and ages to get NOC/occupancy certificate from Ongole Municipal Corporation and fire department and to obtain legal enforceable documents form 2nd respondent/2nd defendant in pursuance of agreement dtd. 2/5/2006 vide suit O.S.No.284 of 2014 on the file of VIII Additional District Judge, Prakasham at Ongole.

(2.) The said suit was decreed partly with a direction to the 1st defendant in the suit to pay an amount of Rs.13,45,17,354.00 with future interest @ 12% per annum from the date of filing of the suit and @ 6% per annum from the date of decree till the date of realisation on principal amount and the rest of the claim of the claim of the plaintiff was dismissed and further directed to pay an amount of Rs.13,97,756.00.

(3.) Now the 1st defendant in the suit filed CFR 5826 of 2024 under Order 41 Rule 5 of CPC to stay of Judgment and Decree dtd. 30/9/2024 including E.P.No.61 of 2024 till the date of disposal of review application also filed CFR 5825 of 2024 under Order 47 rule 1 and Ss. 114 and 151 of CPC to review the Judgment and Decree dtd. 30/9/2024 in O.S.No.284 of 2014.