- APHC010382502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 1927 OF 2023 Petition under Article 227 of the Constitution of India,Civil Revision Petition aggrieved by the order dated 27.03.2023 passed in I.A. No. 46 of 2023 in A.S. No. 8 of 2023 on the file of the I Additional District Judge, Krishna, Machilipatnam. Between: Shaik Bajan, S/o. Abdul Sattar Aged 62 years, R/ o. Buttaipet Machilipatnam, Krishna District ' Petitioner AND Bhimavarapu Sankar Rao, S/o. Narsimha Aged 62 years, R/o. D. No. 24-281, Ramanaidupet Machilipatnam, Krishna District ..Respondent m lA NO: 1 OF 2023 Petition under Section 151 GPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the order dated 27.03.2023 passed in I.A. No. 46 of 2023 in A.S. No. 8 of 2023 on the file of the I Additional District Judge, Krishna, Machilipatnam Counsel for the Petitioner: KAMBHAMPATI RAMESH BABU Counsel for the Respondent: The Court made the following: , -'i. APHC010382502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 1927/2023 Between: Shaik Bajan ...PETITIONER AND Bhimavarapu Sankar Rao ...RESPONDENT Counsel for the Petitioner: 1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent: 1. 2 The Court made the following ORDER; The present revision petition is filed questioning the order dated 27.03.2023 passed in I.A.No.46 of 2023 in A.S.No.8 of 2023 on the file of the I Additional District Judge, Machilipatnam, Krishna District. The petitioner is the appellant in the said appeal. Initially, he filed suit O.S.No.47 of 2019 on the file of the I Additional Junior Civil Judge, Machilipatnam seeking to evict the respondent herein from the suit schedule property and to deliver vacant possession. Upon contest, the said suit was decreed by judgment and decree dated 03.01.2023. Assailing the correctness of the said judgment and decree, the respondent herein preferred a regular appeal before the I Additional District Judge, Machilipatnam. Along with the said appeal, the respondent filed I.A.No.46 of 2023 under Order 41, Rule 5 read with Section 151 of Code of Civil Procedure (CPC) seeking to grant stay of execution of the judgment and decree dated 03.01.2023 passed in suit O.S.No.47 of 2019. After hearing the parties, the Appellate Court allowed the said application. Questioning the same, the present revision petition is filed. 2. This Court directed the learned counsel for the petitioner to take out personal notice on the respondent and in pursuance of the same, notice was sent to the respondent and the same was returned unserved with 3. endorsement “Left without instructions”. 3 On perusal of the impugned order, the Appellate Court has categorically observed that if the application filed by the respondent is not allowed. 4. 3 substantial loss would cause to the respondent. This Court is of the considered opinion that, the Appellate Court has rightly allowed the application filed by the respondent and in the event of not granting stay, the appeal itself would become redundant in as much as the decree passed by the trial Court would be put to execution. This Court does not find any illegality in the impugned order. It is brought to the notice of this Court by the learned counsel for the 5. petitioner that the appeal in A.S.No.8 of 2023 was transferred to I Additional Senior Civil Judge, Machilipatnam and the appeal is renumbered as A.S.No.52 of 2024. 6. Having considered the submissions made by the learned counsel for the petitioner, tbis-^oyrtyj?^ i^^^^ inclined to interfere with the order passed by the Appellatl Court^. Therefore afp no merits in the present revision petition. Accordirr§l.y;* the CM) Revisio Petition is dismissed. It is needless to 7. mention that the Appellate Court shall make endeavor to dispose of the appeal as expeditiously as possible. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/-WISRIN1VAS assistant REGISTRAR 1CER //TRUE COPY// SECTION To Additional District Judge, Krishna Machilipatnam. i Kambhampati Ramesh Babu Advocate [OPUC] 1. The 2. One CC to Sri 3. Two CD Copies MKP (gsg) HIGH COURT DATED: 25/06/2025 ORDER CRP 1927/2023 5 O J SEP 2025 I] ■s % DISMISSING THE CRP