THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.1950/2009 Date of Order: 27-4-2011 Between: 1. Anumala Yesu (died) and others. ..Petitioners and Shaik Fatima ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.1950/2009 Oral order: The petitioners-defendants-appellants filed AS No.6/2009 before the court of VII Additional District & Sessions Judge (FTC), Krishna at Vijayawada, against the judgment and decree dt.12-11-2008 in OS No.779/2005 on the file of II Additional Junior Civil Judge, Vijayawada, passed against the defendants directing them to vacate and handover vacant possession of the plaint schedule property to the plaintiff within two months from the date of judgment and further directing to pay arrears of rent of Rs.34800/- from 1-7-2002 till October, 2004 @ Rs.1200/- per month. Pending appeal, IA No.7/2009 is filed seeking stay of execution of decree dt. 12-11-2008 passed in OS No.779/2005. The said petition was dismissed on 12-3-2009 by the trial court on the ground that the appellants asked only ex parte stay order of execution and in view of respondents appearing and filing counter, no ex parte stay can be granted. The approach of the lower appellate court is reprehensible, and the order passed by the lower appellate court shows non-application of mind of the court. Having regard to the facts and circumstances of the case, the impugned order dt. 12-3-2009 passed by the lower appellate court is set-aside and the interim stay granted by this court pending revision shall be continued till the appeal is disposed of subject to the petitioners/defendants depositing entire arrears of rent within six (6) weeks from today and continuing to pay monthly rent as per decree. On such deposit, the respondent/plaintiff is at liberty to withdraw the same. In default of any of the conditions, stay shall stand vacated. The Civil Revision Petition is accordingly allowed. No costs. _______________ A.GOPAL REDDY, J. Dt.27-4-2011 kmr