IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI CIVIL REVISION PETITION No. 4962 OF 2009 Between: H.R.Kedar ..... PETITIONER AND E.R.Gundaiah and another .....RESPONDENTS Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI CIVIL REVISION PETITION No. 4962 of 2009 O R D E R : This revision petition is directed against the order dated 07.09.2009 in I.A.No.222 of 2009 in O.S.No.13 of 2005 on the file of the Court of the Senior Civil Judge, Hindupur. The revision petitioner is the plaintiff and the suit is filed for declaration that the release of the plaintiffs from the partnership firm Messrs Kedar Silks twisting works without permission of the Court was illegal and for cancellation of the sale deed dated 10.06.1994. The respondents herein/defendants 6 and 7 contested the suit and while the trial was in progress, the petitioner filed I.A.No.222 of 2009 purportedly under Order 21 Rule 29 of Civil Procedure Code with a prayer to stay the proceedings in E.P.No.26 of 2008 in O.S.No.5 of 1997 pending on the file of the same Court. The said application was dismissed by the Court below, by order dated 07.09.2009 and aggrieved by the same, the present revision petition is filed. Heard the learned counsel for the petitioner and perused the material available on record. Admittedly, the revision petitioner/plaintiff is not a party to E.P.No.26 of 2008 in O.S.No.5 of 1997. The only ground upon which the petitioner seeks stay of the proceedings in E.P.No.26 of 2008 appears to be that the subject matter of the property in both the proceedings is one and the same. Even assuming that the petitioner’s plea is factually correct, as rightly observed by the Court below, the remedy lies elsewhere but the application under Order 21 Rule 29 of Civil Procedure Code, cannot be maintained. Hence, the Civil Revision Petition, which is devoid of merit, is hereby dismissed. No costs. ____________ G.ROHINI,J Date: 10.03.2010 Ivd