THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.537 of 2010 O R D E R: This Civil Revision Petition is filed aggrieved by the action of the II Additional District Judge, Madanapalle, in not granting stay in I.A. (SR)No.7106 of 2009 in A.S.(SR) No.7105 of 2009 on the file of the II Additional District Judge, Madanapalle. The petitioner filed a claim petition in E.A.No.211 of 2007 in O.E.P.No.27 of 2007 in O.S.No.114 of 2003 on the file of the Senior Civil Judge, Madanapalle, under Order 21, Rule 58 CPC, resisting execution of the decree in O.S.No.148 of 2003 claiming the suit schedule property basing on the sale certificate said to have been issued by the Court. The said claim petition was dismissed on 02.06.2009 by the Senior Civil Judge, Madanapalle. Aggrieved by the said order, the petitioner filed an appeal before the II Additional District Judge, Madanapalle with an application to condone the delay of 158 days in filing the appeal vide I.A.No.694 of 2009 in A.S.Sr.No.7105 of 2009. The petitioner also filed I.A.Sr.No.7106 of 2009 in A.S.Sr.No.7105 of 2009 for grant of stay of all further proceedings in O.E.P.No.27 of 2007 in O.S.No.114 of 2003 on the file of the Senior Civil Judge, Madanapalle. As no orders have been passed on the stay application as well as the application filed to condone the delay, the petitioner filed the present Civil Revision Petition aggrieved by the action of the lower appellate Court in not disposing of I.A.No.7106 of 2009 in A.S.Sr.No.7105 of 2009 filed to stay the execution proceedings. On 11.2.2010, this Court while issuing notice before admission granted interim stay of all further proceedings in OEP.No.27 of 2007 in O.S.No.114 of 2003 on the file of the Senior Civil Judge, Madanapalle, pending disposal of the delay application in I.A.No.694 of 2009 in A.S. (Sr).No.7105 of 2009 on the file of the II Additional District Judge, Madanapalle. It is stated that the said delay application has not at all been disposed of as the regular Judge is not available. The learned counsel appearing for the decree holder/first respondent submits that he has no objection for continuance of the stay granted by this Court, pending disposal of the applications filed to condone the delay and for grant of stay before the lower appellate Court. The first respondent/decree holder also submits that in fact he has no objection for allowing the claim petition filed by the petitioner. I am of the opinion that the said submission can be made before the lower appellate Court alone. As long as the delay is not condoned in filing the appeal against the said order of the trial Court, it may not be possible for this Court to set aside the order passed by the learned Senior Civil Judge, Madanapalle and it is for the lower appellate Court alone to consider and pass appropriate orders. Accordingly, the Civil Revision Petition is disposed of directing the learned II Additional District Judge, Madanapalle, to consider and dispose of I.A.No.694 of 2009 in A.S.Sr.No.7105 of 2009, which was filed seeking to condone the delay of 158 days, within a period of six weeks from the date of receipt of a copy of this order. Till the said application is considered and disposed of, the interim order passed by this Court on 11.2.2010 shall continue. No costs. _______________ V.ESWARAIAH,J 18th June, 2010 PNV