HON’BLE SRI JUSTICE R.KANTHA RAO C.R.P.NO.4370 OF 2010 DATE: 12.11.2010 BETWEEN: Thota Venkatamma and others .. Petitioners And Thota Babu Rao and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO C.R.P.NO.4370 OF 2010 ORDER: Heard the learned counsel appearing for the revision petitioners and the respondents. A.S.No.14 of 2002 on the file of the I Additional District Judge, Vizianagaram has been filed challenging the decree of eviction passed against the appellant. In the said appeal, the appellant filed I.A.No.1525 of 2010 under Order 41 Rule 5 of C.P.C. seeking stay of execution of the decree till final disposal of the appeal. The learned trial Court on merits and upon hearing either side and having regard to the facts and circumstances of the case, passed an order granting stay of execution of decree passed by the trial Court. Feeling aggrieved, the respondents filed the present civil revision petition. The only contention that is urged by the learned counsel appearing for the revision petitioners is that the trial Court had committed an error in granting stay of execution of the decree by the trial Court without directing the respondent/defendant to furnish security which according to the learned counsel is mandatory under Order 41 Rule 5 read with Rules 1 and 5 of C.P.C. Since the appeal is not filed against a decree for payment of money, the first appellate court has discretion to pass an order even without insisting upon the respondents to furnish any security. The order passed by the learned appellate Court is within its competence and there is no error of jurisdiction committed by the appellate Court. However, the appellate Court is directed to dispose of the main appeal within three months from the date of receipt of copy of this order. With the above direction, the civil revision petition is dismissed. There shall be no order as to costs. _______________ R.KANTHA RAO,J Dated: 12.11.2010 Kvrm HON’BLE SRI JUSTICE R.KANTHA RAO C.R.P.NO.4370 OF 2010 DATE: 12.11.2010