Ramasahayam Jyothi Devi, vs Challa Aruna Devi,
2025 Latest Caselaw 1907 Tel

Telangana High Court

Ramasahayam Jyothi Devi, vs Challa Aruna Devi, on 7 February, 2025

Author: N. Tukaramji

Bench: N. Tukaramji

       THE HONOURABLE SRI JUSTICE N. TUKARAMJI

                      C.R.P.No.391 of 2025


ORDER:

Heard Mr. Y. Sandeep Sai, learned counsel for revision

petitioner.

2. This revision has been filed aggrieved by the continuance

of the proceedings in E.P.No.06 of 2024 on the file of Senior Civil

Judge, Jangaon for execution of the decree dated 22.07.2022 in

O.S.No.101 of 2007, though the revision petitioner had filed an

appeal suit challenging that decree.

3. The solitary ground urged by the revision petitioner is that

assailing the decree and judgment in the suit vide O.S.No.101 of

2007, the revision petitioner has filed appeal suit with condone

delay application and the same is pending for adjudication on the

file of Principal District Judge, Jangaon. Nonetheless without

considering that fact, the executing court is proceeding to execute

the selfsame decree in E.P.No.06 of 2024.

4. The query of the Court as to any provision of law which

directs that mere filing of appeal suit will operate the stay against

the decree of the trial Court or against the execution proceedings

left unanswered.

5. It is settled proposition of law that any judicial proceedings

cannot be withheld unless there is specific direction issued by a

competent Court intervening the proceedings. That being the

position no reason or justification is found in the contest of the

revision petitioner on continuance of the execution proceedings.

However, considering the fact that the remedies are elsewhere,

keeping open the recourses available to the revision petitioner

under law, this revision petition is dismissed for want of merits.

6. Accordingly, this revision petition is dismissed. No costs.

As a sequel, miscellaneous applications, pending if any,

shall stand closed.

_______________ N. TUKARAMJI, J Date: 07.02.2025 ssy