IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.503 of 2010 Between: M.Venkata Krishna Reddy and 10 others ..... PETITIONERS AND Appambeti Venkata Subba Reddy .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.503 of 2010 ORDER: This Civil Revision Petition is filed by the petitioners/defendants aggrieved by the order of the Principal Junior Civil Judge, Srikalahasti dated 16.12.2009 in E.P.39/2006 in O.S.572/1999. The petitioners are the defendants in the suit O.S.572/1999 and they have suffered with a decree of delivery of vacant possession of the suit schedule property in favour of plaintiff/decree holder. As against the said decree and judgment dated 22.12.2003 in O.S.572/1999 on the file of the Principal Junior Civil Judge, Srikalahasti, the petitioners/defendants filed A.S.7/2004 on the file of the Senior Civil Judge, Srikalahasti and the same was dismissed by order dated 17.02.2005. It is stated that as against the said judgment and decree of the lower appellate Court, confirming the judgment of the trial Court, the petitioners/defendants filed second appeal with an application to condone the delay and the same is pending. The plaintiff filed E.P.39/2006 for execution of the decree and for delivery of the petition schedule property. The said application was opposed by the defendants and after hearing both the parties, the application was allowed, directing to issue delivery warrant by 25.01.2010. I am of the opinion that when the suit has been decreed and appeal filed against the same has been dismissed, mere pending of the delay condonation application for filing the second appeal is not a ground for objecting the execution of the decree. The trial Court rightly allowed the execution petition. I do not see any illegality or otherwise to interfere with the order of the Court below. Therefore, the Civil Revision Petition is liable to be dismissed, and is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 11.02.2010 Dsr