HON’BLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No.3138 OF 2009 Dt.17th August,2009 1. Ediga Eranna and another … Petitioners Vs. Ediga Ramalingappa … Respondent HON’BLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No.3138 OF 2009 O R D E R: Heard the counsel. This Court ordered notice before admission on 14.7.2009 and granted interim stay for a period of three weeks. The Civil Revision Petition is filed by the revision petitioners/respondents being aggrieved by an order made in E.P.No.4 of 2007 in O.S.No.50 of 2003 on the file of the Senior Civil Judge, Adoni. The learned Judge recorded reasons as hereunder: ”The petitioner herein admittedly is the decree holder and obtained decree against the respondents on 17.8.2006. As per the averments in E.P., inspite judgment and decree, the respondents have not paid any amount. Hence, the petitioner is forced to file the present petition. Reiterating the same, the petitioner is examined as PW.1 and this witness was cross examined at length and he denied the suggestion that the matter is settled between the petitioner and respondent and further stated that the said settlement pertains to some other transaction between the petitioner and respondent and not the suit transaction, which is also pleaded in the counter that A.S.No.49 of 2006 is pending before the II Additional District Court, Kurnool at Adoni, but so far no stay is granted. Further, respondents also did not adduce any evidence on their behalf. In the absence of it, there is no prohibition for the petitioner to proceed against the respondents to realize the decretal amount, though the appeal is pending in the light of not granting of the stay. Thus, the respondents have no tenable objections for bringing the petition schedule property for sale. Hence, the objections raised in the counter are rejected.” In the light of the convincing reasons recorded by the learned Judge, this Court is satisfied that there is no illegality in the order under challenge. Accordingly, the Civil Revision Petition is dismissed at the stage of admission. No order as to costs. _________________ P.S.NARAYANA,J 17th August, 2009. PNV