IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.5678 of 2010 Between: Ayodaya Naga Venkata Vasu Sesharatnam ..... PETITIONER AND Konathala Pentayya and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.5678 of 2010 O R D E R: The civil revision petition is filed against the order dated 26.06.2002 made in E.A.34/99 in E.P.11/97 in O.S.13/93 on the file of the Senior Civil Judge, Anakapalli. The petitioner herein filed the said E.A.34/99 for grant of stay of execution till disposal of the suit O.S.92/1995 on the file of the Subordinate Judge, Anakapalli. It is stated that the petitioner filed the said suit O.S.92/1995 for permanent injunction against the respondents restraining them from alienating the suit schedule property. A counter was filed in the said E.A.34/1999 opposing to grant stay and the said E.A.was dismissed for default by the impugned order dated 26.06.2002, but not on merits. I am of the opinion that the Court below ought to have disposed of the E.A. on merits instead of default of the petitioner. Having regard to the facts and circumstances of the case, without going into the merits of the case, the impugned order is set aside and the matter is remitted back to the Court below to consider and dispose of the E.A.34/99 afresh, in accordance with law, after giving reasonable opportunity of hearing to both parties. The Civil Revision Petition is accordingly allowed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 29.01.2011 Dsr