IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3584 of 2004 Between: Vankamamidi Rangaiah and others ..... PETITIONER(S) AND Smt Bikku Bhai .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3584 of 2004 ORDER: Petitioners, who are respondents in an appeal pending before the lower appellate Court, filed this revision under Article 227 of the Constitution of India inter alia seeking to assail the correctness of the order granting stay of execution in an application which was filed beyond the period of limitation by the respondent/appellant under Rule 5 of Order XLI of C.P.C. read with Section 151 of C.P.C. Heard the learned counsel for both sides. Perused the material available on record. The lower appellate Court followed the principle laid down in GOUSE BI vs. SALIMA BI[1] while granting stay of execution. However, at the stage admission, this Court, by order dated 03.09.2004 in C.M.P.No.12808 of 2004, has granted interim stay of the order passed by the lower appellate Court and the said stay is still subsisting without any step being taken by the respondent/appellant either for modification or for vacation of the same. In view thereof and especially when the main appeal itself has to be taken up by the lower appellate Court it not desirable to pass any reasoned order in this petition. Suffice it to note that the stay granted by this Court on 03.09.2004 in C.M.P.No.12808 of 2004 shall continue to remain in force and no further orders are necessary in this petition. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _____________________ B.PRAKASH RAO, J 29th July, 2010 CVRK [1] AIR 1974 MADRAS 220