THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.2884 of 2010 Date: 13-8-2010 Between Pushadapu Sambasiva Rao … Petitioner/ Petitioner/Appellant and 1. The Assistant Commissioner, Endowments Department, Vijayawada. 2. The Manager, Sri Chennakesava Swamy Vari Temple, Pedaprolu, Rep. by its Manager. … Respondents/Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.2884 of 2010 Oral Order: Heard both sides. 2. This civil revision petition is directed against the docket order dated 05-7-2009 in I.A.No.333 of 2009 in A.S.No.5 of 2009 passed by the Senior Civil Judge, Avanigadda, Krishna district in vacating the interim stay granted on 27-4-2009 and simultaneously dismissing the application filed for extension. 3. On the face of it, the impugned order cannot be sustained, inasmuch as, when once the interlocutory application filed seeking for extension was rejected and interim orders vacated, particularly when the very interim order that was granted by the trial Court was the subject matter of the appeal. Therefore, virtually, the appeal becomes redundant. Instead, I am of the considered view that the lower appellate Court ought to have resorted to dispose of the appeal on merits, at the earliest. 4. Accordingly, the impugned order is set aside and the interim orders granted by the lower appellate Court in I.A.No.333 of 2009 in A.S.No.5 of 2009 have been restored on to the file and its original number, however, subject to the condition that the petitioner-appellant depositing a sum of Rs.10,000/- (Rupees ten thousand only) to the credit of the suit before the trial Court towards the admitted arrears of maktha allegedly to be deposited for two years tentatively, which is subject to verification, within 8 (eight) weeks from today. 5. Further, the lower appellate Court is directed to dispose of the appeal with utmost expedition, if necessary on priority basis, subject to the cooperation by both the parties. 6. In the result, the civil revision petition is allowed, with the above observations and directions, at the stage of admission. No costs. ________________________ JUSTICE D.S.R.VARMA 13th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.2884 of 2010 13th August, 2010. (Ak)