IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3203 OF 2009 Between: Navodaya Book House and others .....PETITIONERS AND Ahmed Cycle Stores and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3203 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 24.04.2009, in I.A.No.307 of 2007 in A.S.No.11 of 2007, on the file of the Judge, Family Court – cum – Additional Sessions Judge, Khammam, whereunder and whereby, the petition, filed under Order XLI Rule 5 (1) read with Section 151 of the Code of Civil Procedure, 1908 (for short, “C.P.C.”), to stay all further proceedings by virtue of the order, dated 02.09.2006, in O.A.No.40 of 2003, passed by the Deputy Commissioner, Endowment Department, Warangal, pending disposal of the appeal, was dismissed. 2. Heard both sides. 3. As seen from the impugned order, it is clear that no stay was granted and notice was ordered in the appeal pending before the first appellate Court. The reason given in the order impugned appears to be incorrect in view of the fact that earlier stay was granted by the first appellate Court, which is being extended from time to time. So, under a wrong presumption, the first appellate Court did not grant the stay. Hence, the impugned order is liable to be set aside. 4. Accordingly, the Civil Revision Petition is allowed setting aside the impugned order, dated 24.04.2009, in I.A.No.307 of 2007 in A.S.No.11 of 2007, on the file of the Family Court – cum – Additional Sessions Judge, Khammam. There shall be interim stay of all further proceedings in pursuance of the order, dated 02.09.2006, in O.A.No.40 of 2003, passed by the Deputy Commissioner, Endowment Department, Warangal, pending disposal of the appeal. There shall be no order as to costs. _______________ K.C. BHANU, J November 11, 2010 MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3203 OF 2009 November 11, 2010