Civil Revision Petition No. 2485 of 2010 · High Court · 2010

This Civil Revision Petition has been filed aggrieved by the order dated 02.06.2010 passed in I.A.No. 1158 of 2010 in A.S.No. 121 of 2010 on the file of Principal District Judge, Visakhapatnam. I.A. No. 1158 of 2010 was filed by the petitioner under Order 41 Rule 5 read with Section 151 of CPC praying stay of operation of all further execution proceedings in O.S.No. 891 of 2008 on the file of VI Additional Senior Civil Judge, Visakhapatnam, pending disposal of the appeal. The lower appellate court after hearing the counsel therein passed the following order:

There shall be stay of execution of the Decree of the Lower Court on condition of the Appellant Depositing the suit costs and ½ of the decretal amount within two weeks by 18.6.2010. On such deposit, respondent can withdraw.

Since no decision yet is rendered by the Court below on merits, it is not proper for this Court to adjudicate the rights at this stage; hence, I am not inclined to interfere with the order passed by the lower appellate Court. Accordingly, the Civil Revision Petition is dismissed. However, the lower appellate Court is directed to dispose of the appeal, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J DATE: 18.06.2010 KA