IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI C.R.P. NO :4389 of 2009 Between: 1. Mohd. Abdul Hameed Quadri and others ..... PETITIONERS AND 1. Mohd. Ayub Bhukari and others. .....RESPONDENTS The Court made the following : HONOURABLE SMT. JUSTICE T.MEENA KUMARI CIVIL REVISION PETITION No:4389 OF 2009 ORDER: Aggrieved by order, dated 1.8.2009 in I.A.No.991 of 2009 in A.S.No.117 of 2009 passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad, the present revision petition has been filed. The petitioners herein are the appellants in the above appeal. The appellants filed the application in I.A.No.991 of 2009 under Order 41 Rule 5 (2) read with Section 151 CPC praying to stay the execution of judgment and decree, dated 19.1.2009 passed in O.S.No.1857 of 2003 by the learned IX Senior Civil Judge, City Civil Court, Hyderabad, till disposal of the appeal. The lower appellate Court granted conditional stay. Having aggrieved by the conditions imposed by the lower appellate Court, the appellants filed the present revision petition. Heard the learned Counsel and perused the material available on record. Originally, the suit in O.S.No.1857 of 2003 was filed against the revision petitioners and respondents 4 and 5 herein for declaration, possession and for recovery of Rs.2,39,750/-. The Court below decreed the suit and on that, the revision petitioners filed the above appeal. Pending the appeal, the stay was granted by the lower appellate Court as sought for by the revision petitioners, but subject to certain conditions. It is the case of the revision petitioners that the ownership of the property is in dispute and therefore, the conditions imposed by the lower appellate Court are bad in law. The present revision has been filed being aggrieved by the conditions imposed by the lower appellate Court while granting stay of execution of the judgment and decree in the suit. The relief that is sought for in this revision is purely confined to the imposition of the conditions. Pending adjudication of the rights of the appellants, imposition of condition by the lower appellate Court would not cause any prejudice and if they succeed in the appeal, they can avail the remedies that are open under law, to recover the same. In this view of the matter, I feel that the conditions imposed by the lower appellate Court while granting stay of execution of the judgment and decree of the Court below, are justified and they do not warrant any inference and hence, the revision petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. _________________________ Justice T. Meena Kumari Date: 18th September, 2009 Nn. HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:4389 OF 2009 18.09.2009