N.Parvathi vs T.Mallikarjuna
2021 Latest Caselaw 5457 AP

    THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

           CIVIL REVISION PETITON No.1180 of 2021

ORDER:-

      The respondents had filed O.S.No.42 of 2017 before the

VI Additional District Judge, Gooty, for declaration of title and

delivery of vacant possession of the suit schedule property.

This suit was decreed by a judgment and decree dated

29.12.2017. Thereafter, the respondents had filed E.P.No.38

of 2019, for execution of the said judgment and decree. At

that stage, the petitioners filed E.P.No.60 of 2021, contending

that they had filed an appeal against the said judgment and

decree and required grant of one month time to obtain

necessary order of stay under the appeal. This application

was filed on 30.09.2021. The said application was rejected on

the same day by the trial Court holding that the petitioner has

not produced any details about the appeal nor any attempt for

filing was made since the execution petition was filed in 2018.

2. Aggrieved by the said order, the petitioners have

approached this Court by way of this Civil Revision Petition.

3. The grounds of revision show that the appeal was

filed by the petitioners on 24.03.2018 and given number

C.F.1175 of 2018. The fact remains that the petitioners have

not got their appeal numbered nor brought up before the

Court for seeking a stay of the Execution of the judgment and

decree of the trial Court. This Civil Revision Petition was filed

RRR,J CRP.No.1180 of 2021

on 28.10.2021. It appears that the appeal has not been

numbered even as on today.

4. In the circumstances, I do not find any reason to

intervene with the order of rejection by the trial Court. In any

event, the time of one month sought before the trial Court on

30.09.2021 has also expired. In the circumstances, nothing

survives in this Civil Revision Petition.

5. Accordingly, the Civil Revision Petition is

dismissed. There shall be no order as to costs.

Miscellaneous petitions, pending if any, in this Civil

Revision Petition shall stand closed.

___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 23-12-2021 RJS

RRR,J CRP.No.1180 of 2021

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CIVIL REVISION PETITON No.1180 of 2021

Date : 23-12-2021

RJS