THE HONOURABLE SRI JUSTICE N.V. RAMANA Civil Revision Petition No.4468 of 2010 ORDER: This civil revision petition, under Section 115 of the Code of Civil Procedure, is directed against the order dated 21.09.2010 passed in E.P.No.75 of 2010, whereunder the learned Additional Junior Civil Judge (FAC), Malkajgiri, Ranga Reddy District, allowed the execution petition filed by respondent No.1 herein, decree holder, seeking execution of the judgment and decree dated 21.12.2009 passed in O.S.No.191 of 2008. Heard the learned counsel for the petitioner and perused the order under revision and other material made available on record. The petitioner contends that since she filed suit in O.S.No.224 of 2010 on the file of I Additional District Judge, Ranga Reddy District, for declaration and cancellation of decree in O.S.No.191 of 2008, the Court below ought to have stayed the execution of the said decree and it committed an error in allowing the present petition filed for execution of the decree. This contention of the petitioner cannot be accepted. As against the judgment and decree in O.S.No.191 of 2008, the petitioner herein-defendant No.6 in the suit filed appeal in A.S.No.46 of 2010 on the file of the I Additional District Judge, Ranga Reddy District, but for the reasons best known to her, she has withdrawn the same. Since the judgment and decree in O.S.No.191 of 2008 attained finality, the decree holder filed the present E.P. for execution of the said judgment and decree. Merely because the petitioner has filed suit in O.S.No.224 of 2010, seeking declaration and cancellation of the decree in question, is no ground for the petitioner to seek stay of the execution proceedings, particularly, when the petitioner is a party to the suit, in which the present decree is passed and when she has withdrawn the appeal filed against the said judgment and decree. Further, the present suit filed by the petitioner has nothing to do with the suit in which the decree is passed and for execution of which the present execution proceedings are initiated by the decree holder, and no order of stay having been passed by the I Additional District Judge, Ranga Reddy District in the suit filed by the petitioner, staying the decree passed in O.S.No.191 of 2008, there can be no hindrance for its execution, and therefore the Court below allowed the execution, and no exception can be taken thereto. The civil revision petition is devoid of merit and is accordingly dismissed. No order as to costs. __________________ JUSTICE N.V. RAMANA 20th October, 2010 IBL