HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5126 of 2009 Date: 23-07-2010 Between Peddi Bharathi Sarojini ………… Petitioner And Peddi Srinivasa Rao …… Respondent HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5126 of 2009 ORDER: This Revision Petition is filed under Section 115 of C.P.C. inter alia seeking to assail the order, dated 21-08-2009 in E.P.No.8 of 2009 in R.C.C.No.6 of 1999 on the file of the Principal Junior Civil Judge, Guntur. The respondent herein filed the Rent Control Case seeking eviction of the petitioner herein from the schedule property and the same was allowed by the order and decree, dated 26-07-1999 ordering eviction of the petitioner from the schedule property. As the petitioner has not vacated the schedule property, the respondent herein filed E.P. for execution of the decree and the same was allowed issuing delivery warrant for vacant possession of the schedule property to the respondent herein. Hence, the Revision Petition. It is contended by the learned counsel for the petitioner that a suit in O.S.No.235 of 1997 on the file of the I Additional Senior Civil Judge, Guntur, was filed for partition by the petitioner and therefore, necessarily the present execution of the decree or eviction of the petitioner from the schedule property has to be stayed. However, he did not point out any provision of law to seek such relief in the execution proceedings. Admittedly, the petitioner did not challenge the order and decree passed in the Rent Control Case. Hence, no indulgence can be shown in favour of the petitioner as long as there is no challenge of the order and decree passed in the Rent Control Case. Thus, there are no grounds to interfere with the impugned order. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. ________________ B. PRAKASH RAO, J Date: 23-07-2010 YCR