THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.5981 of 2009 Dated:11th December, 2009 Between: 1. B.Anjaiah & Ors. ..... Petitioners AND 1. B.Vishnu Murthy & Ors. .....Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.5981 of 2009 ORDER: This Civil Revision Petition is directed against the order dated 11.11.2009 passed in E.A.No.72 of 2009 in E.P.No.1 of 2009 in I.A.No.678 of 1994 in O.S.No.170 of 1973 on the file of III Additional Chief Judge, City Civil Court, Hyderabad, whereby and whereunder the learned Additional Chief Judge dismissed the application filed by the petitioners under Order 17, Rule 1 CPC. 2. Heard learned counsel appearing for the petitioners and perused the order impugned in the revision. 3. Learned counsel appearing for the petitioners submits that the executing Court committed error in dismissing the application filed by the petitioners under Order 17, Rule 1 CPC and therefore, the order impugned in the revision is liable to be set aside. 4. The petitioners filed E.A.No.72 of 2009 seeking the following relief: “For the reasons stated in the accompanying affidavt, the petitioners/Judgment Debtors 3, 9 to 12 pray that the Honourbale Court may be pleased to adjourn the E.P.No.1 of 2009 till the disposal of CCCA No.19 of 2007 by the Honourable High Court or further orders of the High Court if any in the interest of justice.” If the petitioners are entitled to any interim relief in the appeal in C.C.C.A.No.19 of 2007, they have to make necessary application in the said CCCA and not the application before the Executing Court, seeking postponement of the E.P. till the disposal of the CCCA. Therefore, I do not see any illegality or irregularity in the order impugned in the revision warranting interference of this Court in exercise of powers under Section 115 CPC. 5. Accordingly, the Civil Revision Petition is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:11th December, 2009. Cs THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.5981 of 2009 Dated:11th December, 2009