THE HON’BLE SRI JUSTICE R. SUBHASH REDDY C.R.P.No.5703 of 2010 ORDER: This civil revision petition is filed under Section 115 C.P.C. against the order in I.A.No.851 of 2010 in A.S.No.78 of 2010 dated 19.10.2010 passed by the I Additional District Judge, Nellore. The respondent herein filed the suit in O.S.No.510 of 2005 for recovery of vacant possession of the plaint schedule property and for damages. The petitioner herein contested the suit on the ground that it has spent an amount of Rs.71,581/- for extra fittings while constructing the apartment. It is its defence that as the amount for extra fittings is not paid, it need not deliver possession of the flat. The trial Court decreed the suit directing delivery of possession and to pay damages. Aggrieved by the judgment and decree in the said suit, the petitioner carried the matter by way of appeal in A.S.No.78 of 2010 and I.A.No.851 of 2010 was filed to stay the execution of the decree pending disposal of the appeal. The Court below by the impugned order dismissed the application with costs stating that inasmuch as respondent has paid full amount he is entitled to possession of the apartment. In this revision petition, it is submitted by learned counsel for petitioner that since extra amount of Rs.71,581/- has been spent by the petitioner for extra fittings while constructing the apartment and as the said amount is not paid by the respondent, it need not deliver the possession as such the lower appellate Court ought to have allowed the application. It is very difficult to accept the contention of the learned counsel for the petitioner. In this case, it is to be noted that as per the original agreement entire cost is paid to the petitioner for construction of the apartment. The construction also completed long back. Prima facie there is no reason for not delivering possession having received the full cost of the apartment in terms of the original agreement. In that view of the matter, there is no illegality in the order passed by the court below dismissing the application filed in I.A.No.851 of 2010 warranting interference of this Court under the revision. The revision petition is devoid of merits and it is accordingly dismissed. No costs. R. SUBHASH REDDY,J Dt.20.12.2010 lvl THE HON’BLE SRI JUSTICE R. SUBHASH REDDY C.R.P.No.5703 of 2010 Dt. 20.12.2010 R. SUBHASH REDDY,J Dt. 15.12.2010 Lvl