IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION NO.4866 OF 2008 DATED:01.03.2011 Between: B. Ramalingeswara Rao … Petitioners and another And K. Jawaharlal Guptam … Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION NO.4866 OF 2008 ORDER: This revision is at the instance of the judgment debtors who are defendants in O.S. No.76 of 1996 on the file of the Court of the Senior Civil Judge, Sompeta. The said suit for specific performance filed by the respondent herein was dismissed to the extent of specific relief but was decreed to the extent of refund of advance consideration. The said decree was challenged by the petitioners in A.S. No.135 of 2004 before the Additional District Judge, Srikakulam. As there was no stay pending the appeal, the respondent herein filed execution petition. Under the impugned order, the Executing Court has allowed the said E.P. Aggrieved by the same, this revision is filed. When the matter is taken up, learned counsel for the petitioners submits that the first appeal filed by the petitioners against the decree for refund of part of sale consideration has since been allowed and the respondent has filed S.A. No.736 of 2010 before this Court and the same is pending. In view of the above, the decree which was sought to be executed itself does not subsist. If and when the respondent succeeds in the second appeal, he shall be at liberty to file fresh execution petition. Subject to the above observations, the Civil Revision Petition is allowed. No costs. _______________________ VILAS V. AFZULPURKAR, J 01.03.2011 bnr