HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.3180 OF 2008 Dt.12.11.2010 Between: Yedla Jogulamma @ Jyothi ..Petitioner And Chokkakula Kondamma ..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.3180 OF 2008 ORDER: Petitioner herein is the plaintiff, who obtained the preliminary decree in O.S.No.520 of 1990 on the file of the II Additional Senior Civil Judge, Visakhapatnam, for partition. A preliminary decree was passed on 16.8.2003. In so far as the claim of the plaintiff for half share, only 1/3rd share was given. As against the said preliminary decree, the plaintiff filed A.S.No.392 of 2004 on the file of this Court and the appeal is said to have been pending. Pending disposal of the appeal as there was no stay, the petitioner filed I.A.No.444 of 2007 in the said O.S.No.520 of 1990 for passing final decree in terms of preliminary decree. The learned Additional Senior Civil Judge, Visakhapatnam, by the impugned order dated 27.2.2008 appointed advocate commissioner for the purpose of effecting partition. Heard the learned counsel. Having regard to the facts and circumstances of the case, I am of the opinion that as the preliminary decree itself is the subject matter of the appeal and pending disposal of A.S.No.392 of 2004, it may not be just and proper to pass final decree. Therefore, the other proceedings except passing of final decree may go on. Both the counsel submit that the advocate commissioner may go-ahead with the warrant and file a report, but the trial court shall not pass final decree until the first appeal is disposed of. The civil revision petition is accordingly disposed of upholding the impugned order and the advocate commissioner may proceed further for filing the report. But, the trial court shall not pass final decree pending disposal of the appeal. No order as to costs. _________________ V.ESWARAIAH, J. 12.11.2010 kpr