Sri Venkateswara Silk Palace vs Chakka Mallikharjuna
2021 Latest Caselaw 1461 AP

             HON'BLE SRI JUSTICE B.KRISHNA MOHAN


            CIVIL REVISION PETITION NO.261 OF 2021


ORDER :

This Revision is filed against the Order in E.A.No.56 of 2020

in E.P.No.34 of 2020 in O.S.No.156 of 2008 on the file of the Court

of Principal Junior Civil Judge-cum-Judicial Magistrate of First

Class, Tuni, East Godavari District dated 29.12.2020.

2. Heard the learned counsel for the petitioners and the

learned counsel for the respondents.

3. The petitioners herein are the Judgment debtors in

O.S.No.156 of 2008 on the file of the Court of Principal Junior Civil

Judge-cum-Judicial Magistrate of First Class, Tuni. Against which

the Judgment debtors' therein preferred the first appeal in

A.S.No.45 of 2015 on the file of the Court of XII Additional District

Judge, Pithapuram and the said appeal was dismissed confirming

the Judgment and decree of the trail Court dated 23.09.2020.

Against which the unsuccessful Judgment debtors filed Second

Appeal on 07.12.2020 and it is at the S.R. stage. In the

meanwhile, the decree holder filed E.P.No.34 of 2020 in

O.S.No.156 of 2008 on the file of the Court of Principal Junior Civil

Judge, Tuni, East Godavari District and the same is pending. While

so, the Judgment debtors filed E.A.No.34 of 2020 in the said E.P.,

under Order 21 Rule 36 of the Code of Civil Procedure, 1908 ~2~

seeking stay of execution of the decree pending disposal of the

Second Appeal in S.R. No.AP/4/SA/31170/2020 dated 07.12.2020

enabling the petitioners to get an appropriate orders in the Second

Appeal. The same was considered on merits by the Executing

Court and the same was dismissed vide its Order dated 29.12.2020.

Against which the present Civil Revision Petition arises.

4. It is needless to mention that the appropriate orders can

only be sought in the Second Appeal, and no relief can be granted

in this Revision Petition at this stage. There is no infirmity or

material irregularity in the Orders of the Executing Court which is

under challenge in the present Civil Revision Petition.

5. Accordingly, the Civil Revision Petition is dismissed. No

costs.

As a sequel thereto, miscellaneous petitions, if any, pending

in the Civil Revision Petition shall stand closed.

_______________________ JUSTICE B. KRISHNA MOHAN

Date: 08-03-2021.

Yvk.