IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.809 of 2011 Between: Bagadi Vaikunta Rao ..... PETITIONER AND Vennamatla Ravi .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.809 of 2011 O R D E R: Heard The petitioner herein is the defendant in the suit O.S.73/2004 filed by the respondent/plaintiff on the file of the Principal Junior Civil Judge, Visakhapatnam seeking to vacate the petitioner herein from the suit schedule property and to pay the damages @Rs.4,000/- per month for the use and occupation of the schedule property from 01.11.2002. The said suit was decreed by the judgment and decree dated 14.09.2010. As against the said judgment and decree, the petitioner herein filed appeal suit in A.S.No.270/2010 on the file of the IV Addl.District Judge, Visakhapatnam, and pending the appeal, he filed I.A.1284/2010 seeking to grant stay of the operation of the decree dated 14.09.2010 in O.S.73/2004 on the file of the Principal Junior Civil Judge, Visakhapatnam. But the learned IV Addl.Distrtict Judge, Visakhapatnam by order dated 27.12.2010 allowed the said application granting stay of the execution of the decree, subject to the condition of the petitioner depositing the damages awarded by the trial Court, on or before 27.01.2011, failing which the petition shall stand dismissed. I am of the opinion that the impugned order passed by the lower appellate Court granting stay subject to condition of the petitioner depositing the damages, as per the decree of the trial Court is not illegal or unsustainable, as the petitioner is continuing in possession of the suit schedule property. Therefore, I am not inclined to vacate the impugned order. However, the petitioner is granted time to deposit the damages awarded by the trial Court, as ordered by the lower appellate Court in the impugned order, by the end of April, 2011, if already not deposited. Failing which, the decree holder is at liberty to execute the decree. The Civil Revision Petition is accordingly disposed of. No order as to costs. ________________ V.ESWARAIAH,J Dated: 01.04.2011 Dsr