HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 2222 OF 2011 . DATED 22ND JUNE, 2011 BETWEEN Dasi Prasada Rao …Petitioner And Chelamcherla Syamalrao and anr ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 2222 OF 2011 ORDER: Heard the learned Counsel for the petitioner. This Civil Revision Petition under Section 115 of the CPC is filed aggrieved by the order dated 28.05.2011 passed in I.A.No. 671 of 2011 in AS.No. 17 of 2007 whereunder and whereby the learned Senior Civil Judge, Tadepalligudem dismissed the aforesaid interlocutory application filed by the petitioner/appellant under Order 41 Rule 5 of the CPC seeking stay of the Execution proceedings in EP.No. 185 of 2009 in OS.No. 544 of 2004 on the file of the Principal Junior Civil Judge, Tadepalligudem, holding that the impugned application is filed only to drag on the execution proceedings. The suit in OS.No. 544 of 2004 was instituted by the respondents/plaintiffs on the file of the Principal Junior Civil Judge, Tadepalligudem, against the petitioner/defendant herein, for mandatory injection to restore the irrigation body X X 1 in a widith of ½ yard and to a length of 700 links on the eastern boundary of his land, and the same was decreed. Aggrieved by the same, the petitioner preferred appeal in AS.No. 17 of 2007 and during the pendency of the said appeal, the respondents filed EP.No. 185 of 2009 in OS.No. 544 of 2004. The said EP was allowed on contest. It is the case of the petitioner that if the X X1 body is restored, the purpose of filing the appeal will be defeated. Perused the case file and grounds raised in the memorandum of the petition. The reasons given by the learned trial Judge to record such finding in the order under revision, in my considered opinion, are well founded. Since the petitioner/defendant has not obtained stay in the appeal in AS.No. 17 of 2007, the trial Court proceeded to decide the execution proceedings. The appeal was filed in the year 2007 and the petitioner having kept quite for about three and half years, filed the present petition and the same is nothing but only to protract the execution proceedings. I therefore do not see any illegality or irregularity in the order under revision passed by the trial Court. The Civil Revision Petition is, therefore, liable to be dismissed. The Civil Revision Petition is dismissed. There shall be no order as to costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 22nd June, 2011. Msnro