THE HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4938 of 2011 ORDER: This Civil Revision Petition is filed under Section 115 C.P.C against the order dated 23.03.2011 passed by the Principal Senior Civil Judge, Gudivada, in E.P.No.23 of 2010 in O.S.No.90 of 2008. The respondent/decree holder filed the E.P for execution of the decree obtained by him in the above suit. The petitioner/judgment debtor resisted the E.P contending that against the said judgment and decree, he preferred an appeal in A.S.No.190 of 2009 before the District Court and it was transferred to the Court of XI Additional District Judge, Gudivada, and renumbered as A.S.No.384 of 2010; that the EP schedule property was allotted to him as per Lok Adalat Award and that the EP schedule property is his ancestral property and hence his two sons are also having equal rights. Therefore, the E.P schedule property cannot be put to sale. The lower Court rejected the contentions of the judgment debtor and adjourned the matter for settlement of terms. There is no dispute that the suit claim of Rs.1,19,580/- with subsequent interest @ 6% per annum besides costs of Rs.8,128/- was sought to be executed. Mere filing of the appeal by the judgment debtor will not amount to staying the operation of the decree, unless the stay, as such, is granted by the lower appellate Court. Further, the EP schedule property is said to have been allotted to the judgment debtor under the Lok Adalat Award. Since the judgment debtor is a Muslim, the concept of ancestral property and getting a share in it as per the Hindu Law cannot be applied as he is governed by the Muslim Law. In view of the same, the impugned order does not suffer from any manifest illegality warranting interference by this Court. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. _______________________ A. GOPAL REDDY, J Date: 04.11.2011 va