THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.4098 of 2009 Date: 28-8-2009 Between Allu Kondamma … Petitioner/Appellant and Gundavarapu Hari Babu … Respondent/Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.4098 of 2009 Oral Order: Heard Sri Ramana Allu, learned Counsel appearing for the petitioner-appellant. 2. This civil revision petition is directed against the order, dated 20-7-2009, passed by the III Additional District Judge, FAC/VII Additional District Judge (Fast Track Court), Vijayawada, Krishna district in dismissing the application I.A.No.610 of 2008 in A.S.No.187 of 2008, filed under Order XLI, Rule 5 and Section 151 C.P.C., seeking to pass an ex parte order of stay of execution of the decree, dated 25-7-2008, in O.S.No.196 of 2000, passed by the II Additional Senior Civil Judge, Vijayawada, pending final disposal of the appeal. 3. The petitioner herein is the defendant and the respondent is the plaintiff in the suit before the trial Court. 4. The reason accorded by the lower appellate Court to dismiss the said application is that the plaintiff had already entered appearance and filed his counter and in such a case, passing of ex parte interim direction is not permissible under law. 5. I agree with the reasoning accorded by the lower appellate and consequently, the revision is liable to be dismissed. 6. In the result, the civil revision petition is dismissed, at the stage of admission, confirming the order under revision. 7. However, it is needless to mention that the defendant is at liberty to move the lower appellate Court by way of a fresh application seeking appropriate relief, inasmuch as the plaintiff also had come on record and in which event, the lower appellate Court would pass appropriate orders on the said application, in accordance with law. ___________________ JUSTICE D.S.R.VARMA 28th August, 2009. Ak