THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.2549 of 2009 Date: 21.08.2009 Between: Kanigarla Satyavathi ….Petitioner And Sabbella Veera Reddy and others ….Respondents Counsel for the petitioner: Mr.S.R.SUBRAHMANYAM Counsel for the Respondent: N.A. THE COURT MADE THE FOLLOWING: ORDER: The petitioner-decree holder filed this revision under Article 227 of the Constitution of India assailing the correctness of the order, dated 13.04.2009, passed by the learned Principal District Judge, East Godavari at Rajahmundry in I.A.No.777 of 2009 in A.S.No.110 of 2007, staying execution of the money decree, dated 04.06.2007 passed in O.S.No.189 of 2004 on the file of the Court of the Principal Senior Civil Judge, Rajahmundry. In spite of service of notice on the respondents, they have not chosen to put up appearance. Heard the learned counsel for the petitioner. The learned Judge, having observed that the respondents, who filed the above I.A, are interested in prolonging the matter, stayed the execution of the money decree, without imposing any conditions. It is well settled that the very filing of an appeal shall not operate as a stay of the proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause order stay of execution of such decree. In view of the above, and since sufficient cause had not been shown by the respondents, who preferred the appeal, granting absolute stay by the lower Court cannot be sustained and the same is liable to be set aside. Accordingly, the impugned order is set aside and there shall be stay of execution of the decree, dated 04.06.2007, passed by the Principal Senior Civil Judge, Rajahmundry in O.S.No.189 of 2004, on condition of the respondents depositing half of the decretal amount together with interest and costs, within a period of three weeks from the date of receipt of a copy of this order, in default, the stay stands vacated. The Civil Revision Petition is accordingly allowed. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J Date: 21.08.2009 va