THE HON’BLE MR JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.826 of 2010 ORDER: The petitioner claims to be the owner of premises bearing Nos.21/615 and 21/616, Palem Papaiah Street, Kadapa Town. The respondent herein is the lessee thereof. Alleging that the respondent committed default in payment of rent, the petitioner filed R.C.No.4 of 2008 in the Court of the Rent Controller-cum-Principal Junior Civil Judge, Kadapa. The R.C. was allowed on 25.07.2009 directing eviction of the respondent. The petitioner could not recover the possession of the property on account of the resistance offered by the respondent. He filed one application to accord permission for breaking open the lock, and another for police aid. At that stage, the respondent filed R.C.A.No.1 of 2010 in the Court of the Senior Civil Judge- cum-Appellate Authority for Rent Controller, Kadapa against the order of eviction. I.A.No.5 of 2010 was filed for stay of execution of the order of eviction. An ex parte order was passed on 28.01.2010. Stating that the notice was not properly served upon him, the petitioner filed I.A.No.20 of 2010 with a prayer to recall the order, dated 28.01.2010. The lower appellate Court passed common order, dated 11.02.2010, directing that the respondent shall not be evicted till the disposal of the appeal. The petitioner feels aggrieved by the same. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner. The respondent suffered an order of eviction in the hands of the petitioner. He availed the remedy of appeal before the appellate forum. In case he is dispossessed even while the appeal is pending, the very purpose would be defeated. Mere fact that the execution proceedings initiated by the petitioner have reached advanced stage does not make any difference. The civil revision petition is accordingly dismissed. It is, however, directed that the lower appellate Court shall dispose of the appeal itself, within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:02.03.2010. kdl