THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 4866 OF 2011 ORDER : 1. The Civil Revision Petition is directed against the order dated 03.11.2011 in I.A. No.1737 of 2011 in A.S. No.56 of 2011 on the file of the Principal District Judge, Kurnool, whereunder and whereby the application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 seeking stay of all further proceedings in E.P. No.298 of 2005 in O.S. No.33 of 2005 on the file of the Additional Senior Civil Judge, Kurnool, including taking over possession of the property, pending disposal of the main appeal, was dismissed. 2. Heard the learned counsel for the petitioners. It is his contention that the proceedings in Execution Petition No.298 of 2005 are null and void in view of the fact that ex parte decree in Original Suit No.33 of 2005 on the file of the Principal Senior Civil Judge, Kurnool was set aside and the suit was decreed again on 29.6.2011, and hence, he prays to stay the execution proceedings as prayed for. 3. The prayer sought for in the petition before the court below is to stay the proceedings in E.P. No.298 of 2005 in O.S. No.33 of 2005 on the file of the Additional Senior Civil Judge, Kurnool. Admittedly, the said execution proceedings were closed on 13.12.2010 and the same is not pending on the file of the said Court. Therefore, when the execution proceedings are not pending, the question of granting stay of the said proceedings does not arise. 4. The Civil Revision Petition is devoid of merit and is, accordingly, dismissed leaving open the remedies available to the petitioner under law. No costs. --------------------- 11.11.2011 (K.C.Bhanu, J.) DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 4866 OF 2011 11.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 4866 OF 2011 DATED 11.11.2011 Between: B.Krishna Reddy & another …Petitioners And M.D. Sudheendra Rao …Respondent