Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 16076 (AP)

Nettam Ratna Babu, v. Shaik Subani,

AS/200/2025 · 2025-07-27

Maheswara Rao Kuncheam, Ravi Nath Tilhari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

K APHC010209362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE TWENTY EIGHTH DAY OF JULY ij TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM APPEAL SUIT NO: 200 OF 2025 Appeal under Section 96 r/w Order 41 Rule 1 of C.P.C, against the Judgment and Decree dated 21-02-2025, passed in O S.No.244 of 2018, on the file of Hon'ble II Additional District Judge, Guntur. Between: Nettam Ratna Babu, S/o. Sambaiah, aged about 48 years, Occ- Business, Permanent resident of Kambampadu village Palnadu District, Pedakurapadu Mandal, Peresently residing at Flat No. 401, Royal View Apartment 3/9, Vidya Nagar, Guntur, Guntur District. ...APPELLANT/DEFENDANT AND Shaik Subani, S/o. Saibaa aged about 43 years, Occ- Business, Kondavenkatappaiah Colony, Guntur, Guntur District. R/o. ...RESPONDENT/PLAINTFF A e lA NO: 1 OF 2025 Petition under Order 41 Rule 5 R/w Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of decree and judgement dated 21-02-2025 passed in O.S. No.244 of 2018 the file of the II Additional District Judge, Guntur till the disposal of the main appeal. Counsel for the Petitioner SRI NAGESWARA RAO CHAVA Counsel for the Respondent: NO REPRESENTATION The Court made the following JUDGMENT : : MS. PRAVYA CHOWDARY REPRESENTING APHC010209362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0!¥iS [3524] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM APPEAL SUIT NO: 200/2025 Between: 1.NETTAM RATNA BABU, S/0. SAMBAIAH, AGED ABOUT 48 YEARS, OCC- BUSINESS, KAM BAM PAD U VILLAGE, DISTRICT, PERESENTLY RESIDING AT FLAT NO. 401, ROYAL VIEW APARTMENT 3/9, VIDYA NAGAR, GUNTUR, GUNTUR DISTRICT. PERMANENT RESIDENT OF PEDAKURAPADU MANDAL, PALNADU ...APPELLANT AND 1.SHAIK SUBANI, S/o. Saibaa aged about 43 years, Occ- Business, R/o. Kondavenkatappaiah Colony, Guntur. Guntur District. ...RESPONDENT The above named Appellant begs to present this Memorandum of Appeal against the Judgment and Decree dated 21-02-2025, passed in O S.No. 244 of 2018, on the file of Hon'ble II Additional District Judge, Guntur, lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the operation of decree and judgementdated 21- 02-2025 passed in O.S. No.244 of 2018 the file of the II Additional District Judge, Guntur till the disposal of the main appeal and pass p Counsel for the Appellant: 1. NAGESWARA RAO CHAVA Counsel for the Respondent: 1. The Court made the following: r THE'HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM APPEAL SUIT NO: 200/2025 JUDGMENT: (per Ravi Nath THhari, J) On 05.05.2025, the following order was passed: “This appeal is by the defendant, being aggrieved from the money decree, filed by the respondent/plaintiff based on the promissory note. 2. The appeal has already been admitted. 3. issue notice to the respondents. 4. In addition to the normal mode of service, the appellant is permitted to take out personal notice to the respondent by registered post and acknowledgment due and file proof of service in the Registry before the next date of listing. 5. List on 28.07.2025. 6. The respondent may file counter to I.A.No.1 of 2025. 7. In the meantime, subject to the appellant depositing 50% of the decretal amount as also the costs of suit awarded, within a period of eight weeks from today before the learned Thai Court, the operation and execution of the decree shall remain stayed, till the next date of listing. 8. The amount of costs so deposited, the plaintiff/respondent is at liberty to withdraw, without furnishing any security.” 2. Memo dated 19.06.2025 was filed by the learned counsel for the appellant to dismiss the appeal as withdrawn. Another memo dated 25.06.2025 has also been filed to the same effect. In the aforesaid memos it has been stated that after filing of the appeal, the matter was settled between the appellant and respondent, as the respondent agreed to receive an amount of Rs. 16,00,000/- and as the appellant has paid the same to the respondent which the respondent received, the appeal be dismissed as withdrawn. 3. Ms.Pravya Chowdary, learned counsel is present for appellant and prays to dismiss the appeal as withdrawn. 4. No representation for the respondent. 5. Without observing anything on such settlement, payment or receipt of amount as mentioned in the said memo and also on the point as to whether that is in full satisfaction of decree or not, we dismiss the appeal as withdrawn. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. SD/- K.TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTTON OFFICER To, 1. The II Additional District Judge, Guntur, Guntur District (with any) 2. One CC to Sri. Nageswara Rao Chava Advocate [OPUC] 3. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 4. Two CD Copies records if stu TAG / HIGH COURT DATED:28/07/2025 JUDGMENT AS NO. 200 OF 2025 DISMISSING THE APPEAL AS WITHDRAWN