IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIRST THIRD DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.1823 OF 2010 BETWEEN G. Venkata Subrahmanyam Reddy. …PETITIONER AND G. Vema Reddy and others. …RESPONDENTS Counsel for the petitioner: MR. C.B. RAM MOHAN REDDY Counsel for the Respondents: MR. HARI SREEDHAR FOR R1 The Court made the following: - ORDER: The first respondent in A.S.No.18 of 2010 on the file of the Family Court cum Additional District Judge, Khammam filed this revision petition against the order of stay granted by the lower appellate Court in I.A.No.117 of 2010 dated 13.04.2010 pending the appeal. 2. The contention of the petitioner in this revision is that the final decree had already been passed and the respective parties are in possession of their respective share. The said aspect is, however, very seriously contested by the learned counsel for the first respondent, who is the appellant before the lower appellate Court on the ground that he was set ex parte and the decree is passed on the basis of compromise to which he is not a party. 3. This Court by order dated 29.04.2010 admitted the revision petition and passed the following order in CRPMP.No.2456 of 2010: “There shall be interim suspension of the operation of the order in IA 117/2010 in AS 18/2010 dated 13.04.2010 to the extent of share of 1st respondent only. Notice. Post after six weeks” The said order is in operation. 4. After hearing both the learned counsel at the interlocutory stage and on their consent the revision itself is being disposed of. 5. Keeping in view the contest on the part of the first respondent herein the validity of the decree passed by the trial Court itself is at large in the appeal A.S.No.18 of 2010 before the lower appellate Court. At the interlocutory stage, therefore, it would not be appropriate to deal with the said contested matters especially when the appeal is yet to be heard and decided by the lower appellate Court. 6. I, therefore, deem it appropriate to direct the lower appellate Court to hear and decide the appeal A.S.No.18 of 2010 expeditiously. Both the learned counsel undertake that they shall not seek any further adjournment and cooperate with the lower appellate Court and argue the appeal in December 2010 itself. The lower appellate Court shall accordingly decide and dispose of the appeal preferably by 31.12.2010 and in the meanwhile, the interim order of this Court in CRPMP.No.2456 of 2010, extracted above, shall continue to operate. The civil revision petition is accordingly disposed of. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 1, 2010 Note: Office to dispatch the order to the lower appellate Court by 06.12.2010. (B/o) DSK