THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION No.3235 of 2009 ORDER: This revision is directed against the order dated 19.06.2009 passed in O.S.No.47 of 1995 on the file of the Senior Civil Judge, Nalgonda, whereby and whereunder, the learned Senior Civil Judge vacated the stay granted in I.A.No.288 of 2008. Notice before admission came to be ordered on 24.07.2009. The petitioners were directed to take out notice to the respondent by Registered Post with Acknowledgement Due and file proof of service. The petitioners filed proof of service on 11.03.2010 in the Registry. It is stated in the memo filed on 11.03.2010 that notice has been served on the respondent. Despite the notice being served, as stated above, none appears on behalf of the respondent. Heard the learned Government Pleader for Arbitration appearing for the petitioners and perused the impugned order in the revision. Learned Government Pleader appearing for the petitioners submits that the petitioners filed I.A.No.288 of 2008 in O.S.No.47 of 1995 under Section 10 C.P.C. seeking stay of the trial in O.S.No.47 of 1995 pending disposal of A.S.Nos.1353 and 1354 of 1992 on the file of this Court and the learned Senior Civil Judge allowed the application by order dated 16.07.2008 . Without there being any valid reason, the learned Senior Civil Judge vacated the order dated 16.07.2008, passed in I.A.No.288 of 2008, by order dated 19.06.2009 and therefore, the order vacating interim stay is liable to be set aside. The learned Government Pleader refers the order dated 16.07.2008 passed in I.A.No.288 of 2008. The petitioners are defendants in O.S.No.47 of 1995. They filed I.A.No.288 of 2008 under Section 10 C.P.C. seeking stay of the trial in the suit pending disposal of A.S.Nos.1353 and 1354 of 1992 on the file of this Court. The learned Senior Civil Judge on hearing the counsel appearing for the parties, proceeded to allow the application by order dated 16.07.2008. The relevant portion of the order reads as under: “The counsel for the respondent filed counter and it is admitted that the above suits were filed by different persons against the petitioners herein and the said suits were disposed off and decreed against the judgment and decree. Petitioners herein preferred appeals and they are pending before the Hon’ble High Court. It is admitted that the subject matter of the above suits/appeals and the present case is also one and the same. Therefore, in the said circumstances, there is every likelihood of passing conflicting the judgment. Hence, I am of the opinion that further proceedings in this case can be stayed to avoid the multiplicity of the proceedings. Hence, the petition is allowed. Further proceedings in this case are stayed. Call on 21.08.2008”. It appears, the learned Senior Civil Judge proceeded to vacate the order passed in I.A.No.288 of 2008, on 19.06.2009. The order passed by the learned Senior Civil Judge, dated 19.06.2009, reads as under: “It is reported that appeal before the Hon’ble High Court is still pending. It appears they are not listed. Hence, completing evidence in this case be proceeded. Hence, stay granted in I.A.No.288 of 2008 is vacated. For proceeding trial call on 26.06.2009”. It is evident from the order dated 16.07.2008 that the learned Senior Civil Judge formed the opinion that further proceedings in the suit are to be stayed pending disposal of the appeals being A.S.Nos.1353 and 1354 of 1992 on the file of this Court. Indisputably, the above two appeals are pending disposal on the file of this Court. There are no changed circumstances for vacating the interim stay granted on 16.07.2009. Therefore, the trial Court has committed serious error in vacating the stay granted in I.A.No.288 of 2008 in O.S.No.47 of 1995 warranting interference of this Court in exercise of powers under Article 227 of the Constitution of India. The civil revision petition is accordingly allowed at the admission stage setting aside the order, dated 19.06.2009 passed in I.A.No.288 of 2008, on the file of the Senior Civil Judge, Nalgonda. _________________________ B.SESHASAYANA REDDY,J Dt: 15.03.2010. kdl