THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.3590 of 2009 ORDER: Petitioner filed O.S.No.206 of 2006 in the Court of II Additional Junior Civil Judge, Kurnool, against respondents 1 and 3 herein for the relief of specific performance of agreement of sale, dated 11.12.2000. During pendency of the suit, the petitioner pleaded that possession of the property was delivered to him under the agreement of sale. The petitioner states that the second respondent herein had come to the suit schedule property for taking delivery of possession under the execution proceedings. On coming to know that a decree was passed in respect of the suit property in O.S.No.487 of 2001 and that the same is sought to be executed in E.P.No.448 of 2003, the petitioner filed E.A.No.1864 of 2005 under Order XXI Rule 99 CPC raising objections. That E.A. was dismissed by the executing Court on 23.09.2008. The petitioner filed A.S.No.76 of 2008 in the Court of I Additional District Judge, Kurnool, against the order in E.A.No.1864 of 2005. He also filed I.A.No.1730 of 2008 for stay of dispossession from the property. The lower appellate Court granted order of stay on 30.09.2008 for a limited period. It was extended from time to time but the lower appellate Court dismissed the I.A. through order, dated 22.07.2009. The same is challenged in this revision. Heard the learned counsel for the petitioner and the learned counsel for the contesting respondents. The petitioner filed claim petition in the execution proceedings. The E.A. is to be treated as a suit. On dismissal of the E.A., he filed A.S.No.76 of 2008. The lower appellate Court felt that the interest of the petitioner deserves to be protected. Accordingly, granted an order of stay on 30.09.2008. The appeal underwent several stages. Thereafter, the lower appellate Court ought to have disposed of the appeal itself. However, it has chosen to dismiss the I.A., thereby, rendering the appeal almost infructuous. Therefore, the Civil Revision Petition is allowed and the order under revision is set aside. I.A.No.1730 of 2008 shall stand allowed and the stay initially granted shall remain in force till disposal of the appeal. The lower appellate Court shall endeavour to dispose of the appeal itself within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J 2nd DECEMBER, 2010. kvni