HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.5321 OF 2009 DATE:27-11-2009 BETWEEN: Koripella Mamykya & Another. …Petitioners AND Meka Sreerama Murthy & Others. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.5321 OF 2009 ORDER: Petitioners-plaintiffs filed a suit in O.S.No.245 of 2005 before the Senior Civil Judge, Ramachandrapuram for partition of the suit schedule property and on decreeing the said suit, the respondents-defendants filed an appeal in A.S.No.159 of 2009 on the file of the District Judge, Rajahmundry and pending the appeal they filed I.A.No.1392 of 2009 seeking stay of execution of the decree. The lower appellate Court by order, dated 7.9.2009 granted stay of execution of the decree and posted the matter to 5.10.2009. On 5.10.209 when the petitioners-plaintiffs appeared through their advocate by filing counter, the interim stay granted on 7.9.2009 was made absolute till the disposal of the main appeal with one line order as under: “Notice to R1 and R2 served. R1 and R2 called absent. CHPR holds Vakalat for the respondent. Counter filed. Heard. The interim stay is made absolute till disposal of the main appeal.” Aggrieved by that order, the present revision is filed. Heard the learned counsel for the petitioners and learned counsel for respondents. It is not disputed that the suit was decreed with costs. Mere filing of the appeal will not itself amount to grant of stay without there being any reasons. In view of the same, the impugned order passed by the lower appellate Court is modified as under: ‘There shall be interim stay of passing of final decree alone on condition of defendants depositing the entire suit costs within six weeks from today and all other proceedings including the ascertainment of mesne profits, if any, shall go on.’ The revision is allowed accordingly. No order as to costs. _______________ A. GOPAL REDDY, J. NOVEMBER 27, 2009 Tsr.