IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.2092 OF 2008 BETWEEN The Divisional Engineer, APNPDCL, Khammam and another. …PETITIONERS AND Pusa Manoj Kumar and seven others. …RESPONDENTS Counsel for the petitioners: MR. G. VIDYASAGAR Counsel for the Respondents: None Appeared The Court made the following: - ORDER: This revision is by the Judgment Debtors, who have suffered a decree in O.S.No.203 of 2001 dated 02.04.2007. 2. Learned counsel for the petitioners submits that the petitioners have filed an appeal against the decree along with an application for stay as well as an application seeking condonation of delay. Learned counsel, further, states that the petitioners are aggrieved by the action of the respondents 1 and 2/decree holders in executing the decree by filing E.P.No.141 of 2007. Learned counsel states that since the appeal is pending, the executing Court should await orders of the appellate Court. 3. I am unable to appreciate the said contention. Though the petitioners may have filed an appeal, there is no stay granted by the appellate Court. It is well settled that mere filing of an appeal does not amount to stay of execution proceedings. Thus, in the absence of any stay by the appellate Court, the executing Court was justified in entertaining the EP. I am, therefore, unable to see any illegality or impropriety warranting interference under Section 115 of the Code of Civil Procedure with the entertainment of execution petition by the executing Court. 4. It is stated that pending this revision the petitioners have deposited the entire amount covered by the decree. If that be so, it is open to the petitioners to approach the appellate Court and seek appropriate orders in the appeal, which is said to have been filed by them. The revision petition, as such, therefore, is meritless and is accordingly dismissed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J July 8, 2010 Note: Furnish C.C. of the order by 09.07.2010 (B/o) DSK