THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3929 of 2010 Dated:24.09.2010 Between: Kandula Nagarani. ….Petitioner And Jallipalli Srujana Devi, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.3929 of 2010 ORDER: The petitioner obtained a mortgage decree in O.S.No.150 of 2000 on the file of the Court of the Additional Senior Civil Judge, Eluru. She filed E.P.No.111 of 2005 for sale of mortgaged property. She herself purchased with the leave of the Court and auction was confirmed. After issue of sale certificate, the petitioner filed E.P.No.89 of 2005 for delivery of possession. At that stage, the first respondent filed a claim petition. Her plea was that she is entitled to 1/5th share in the suit schedule property being the daughter of the judgment debtor. The same was dismissed. Against the said order, first appeal, being A.S.No.126 of 2010 was filed, along with a petition for stay of execution of proceedings under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (CPC). The learned II Additional District Judge, Eluru, stayed the execution of the decree on certain conditions including the condition that the first respondent shall pay the E.P amount and costs in E.P.No.111 of 2005 in addition to payment of Rs.5,000/- per month from June 2010. This is assailed in the Civil Revision Petition filed under Section 115 of CPC. This Court heard the Counsel for the petitioner and the Counsel for the first respondent-caveator. After amendment of Section 115 of CPC by the Code of Civil Procedure (Amendment) Act, 1999 (Act 46 of 1999), unless and until the Court order has an effect of finally disposing of the matter in favour of the party applying for revision, a Civil Revision Petition would not lie (see Shiv Shakti Cooperative Housing Society, Nagpur, v Swaraj Developers[1]). Therefore, this Court is not inclined to interfere in the Civil Revision Petition. Counsel for the first respondent also submits that the order of the Court below has been duly complied with. Taking this into consideration, the Civil Revision Petition is dismissed observing that the Court below may dispose of the appeal, being A.S.No.126 of 2010, within a period of six weeks from the date of receipt of a copy of this order subject to condition that the Counsel appearing for the parties shall cooperate with the Court. __________________ (V.V.S.RAO, J) 24.09.2010 vs [1] (2003) 6 SCC 659 : AIR 2003 SC 2434