THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION NO.5245 OF 2009 Dated 27th November, 2009 Between: Dasari Mydhili …Petitioner And Kinthanda Varaha Narasimha Rao …Respondent Counsel for the petitioner: Sri P.Kalyan Ram Counsel for the respondent: Sri A.V.Seshasai The Court made the following ORDER: This Civil Revision Petition is filed against order dated 01.07.2009 in I.A.No.343 of 2009 in A.S.No.85 of 2009 on the file of II- Additional District Court, Visakhapatnam, whereby the learned Judge declined to extend the interim order granted earlier in favour of the petitioner, pending A.S. No.85 of 2009. A perusal of the docket proceedings of the Court below shows that on 29.04.2009, the Court below granted stay of execution of the judgment and decree in O.S.No.1041 of 2005 on the file of V- Additional Junior Civil Judge, Visakhapatnam with the direction to both the counsel to get ready for hearing in the main appeal. On 12.06.2009, to which date the appeal was posted, stay was extended till 01.07.2009 on the application of the petitioner. On 01.07.2009, the Court below dismissed the petitioner’s application for extension of stay. While rejecting the said application, the Court below has not given any reasons for not extending the stay. The fact that the Court below has granted an interim order earlier albeit for a limited period shows that it was satisfied with the prima facie case and balance of convenience in favour of the petitioner. That being so, I do not find any justification for the learned Judge to dismiss the application for extension of stay without assigning reasons. In the facts and circumstances of the case, the judgment and decree in O.S.No.1041 of 2005 on the file of V- Additional Junior Civil Judge, Visakhapatnam shall remain stayed till disposal of the appeal pending before the learned II-Additional District Judge, Visakhapatnam. The appeal shall be disposed of by the Court below within a period of two (2) months from today. The Civil Revision Petition is, accordingly, disposed of. C.V.NAGARJUNA REDDY, J Dated 27th November, 2009 vrn​