1 APHC010688752022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CIVIL REVISION PETITION NO: 2676/2022 Between: 1. SAMPARA VENKATA KRISHNA, S/O. LATE ANANTHACHARYULU, HINDU, AGED 55 YEARS, ARCHAKA, SITHARAMA SWAMY DEVASTHANAM, KUYYERU, KAJULURU MANDAL, E.G. DISTRICT ...PETITIONER AND 1. YALLA DHANAYYA @ DHANA RAJU, S/O. LATE SURYA RAO, HINDU, AGED 52 YEARS, SIVARAMA COLOR LAB, NEAR KOTIPALLI BUS STAND, RAJAMAHENDRAVARAM. 2. SAMPARA SURYANARAYANA, S/O.LATE ANANTHA CHARYULU, AGED 58 YEARS, ARCHAKA, MADIKI, KADIYAM MANDAL, E.G.DIST. 3. SAMPARA SESHAMMA, W/O.LATE ANANTHACHARYULU, AGED 78 YEARS, MADIDI, KADIYAM MANDAL, EAST GODAVARI DISTRICT. 4. ANNGARA ANDALAMMA, W/O.THIMMACHARYULU, AGED 54 YEARS, HOUSEWIFE, SESHAPURAM, PEDAPUDI MANDAL, EAST GODAVARI DIST. 5. VADAPALLI PADMAVATHI, W/O.NARASIMHACHARYULU, AGED 53 YEARS, POLAMURU, R.C.PUR MANDAL, EAST GODAVARI DISTRICT. 6. BHAVAVARAPU SAI LAKSHMI, W/O.BABJI, AGED 47 YEARS, KOMMARAGIRI, KAKINADA RURAL MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. E V V S RAVI KUMAR Counsel for the Respondent(S): 1. A RADHAKRISHNA The Court made the following: 3 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CIVIL REVISION PETITION NO: 2676/2022 O R D E R: 1. Instant Civil Revision Petition has been preferred against an Order dated 04.07.2022 passed by the learned VI Additional District Judge, Kakinada in I.A.No.180 of 2021 in A.S.No.127 of 2019. 2. The brief facts of the matter are that:- Respondent being the Plaintiff filed a suit vide O.S.No.7 of 2006 for specific performance of an Agreement for Sale and consequential reliefs before the learned jurisdictional Civil Judge i.e., learned III Additional Senior Civil Judge, Kakinada. The said suit was decreed on 14.09.2016. The present Petitioner/Defendant has preferred an Appeal vide A.S.No.127 of 2019 before the learned VI Additional District Judge, Kakinada. When the Execution Petition is in process vide E.P.No.235 of 2019, the instant Application vide I.A.No.180 of 2021 was filed under Order XLI, Rule 5 read with Section 151 of the Civil Procedure Code with a prayer to grant stay of further proceedings in E.P.No.235 of 2019 arising out of O.S.No.7 of 2006. The learned Court below after hearing the parties has dismissed the petition. Hence, the instant Civil Revision Petition. 3. Learned Counsel for the Petitioner/Appellant submits that the Appeal is at final stage. It was posted on 23.01.2026 for hearing arguments, so till then, the interim order which was granted by this Court be maintained. He further 4 submits that the matter is pending since the year 2022 wherein this Court has granted interim order of stay, by which, the execution proceedings in E.P.No.235 of 2019 has been stalled. The Appeal is at final stage, so till then the execution proceedings may not be proceeded. 4. Learned Counsel for the Respondent raised objection and submits that the impugned order passed by the learned Court below suffers no illegality. The learned Court below has discussed regarding the merits of the application filed by the present Petitioner. Petition for stay was filed with inordinate delay. The suit was decreed in the year 2016, after three years, the appeal has been preferred in the year 2019. Application for Stay was not filed instantly along with the Appeal, but when the execution proceeding is at final stage, the application vide I.A.No.180 of 2021 was filed. He further submits that the learned Court below has taken note of the conduct of the present petitioner with regard to delay in filing of the application. The learned Court has justifiably not satisfied with the conduct of the petitioner, thereby, the impugned order suffers no illegality. 5. Heard the learned Counsel for the parties. Perused the entire impugned order passed by the learned Court below. 6. It appears that the learned Court below by virtue of Provision under Order 41, Rule 5 of the Civil Procedure Code and also by following the Judgment of the Hon’ble Supreme Court reported in (2005) 1 SCC 705 (Atma Ram 5 Properties (P) Ltd V. Federal Motors (P) Ltd.), learned Court below is of the opinion that the present Petitioner cannot entitle to get a relief under Order XLI, Rule 5 of the Civil Procedure Code. Facts and scenarios of this matter suggests that the suit was filed in the year 2006 and it was decreed in the year 2016, no appeal was preferred thereafter, but the appeal was preferred for the first time in the year 2019. Learned Court below has also taken note of filing of I.A.No.180 of 2021 in a belated stage. The Petitioner could not assign any reason why application under Order XLI, Rule 5 of the Civil Procedure Code was filed in belated stage. That is the reason, why the application for Stay was not allowed. Noting down entire facts, it appears that the Appeal is at final stage. It was filed in the year 2017 and numbered in the year 2019. The learned Counsel for the Petitioner asked this Court to stay the matter or continue the Order of Stay passed by this Court till the disposal of the Appeal. If the prayer of the learned Counsel for the Petitioner is considered, the purpose of petitioner for getting stay under Order XLI, Rule 5 of the Civil Procedure Code will be otherwise fulfilled. In my view, the appeal may be continued, there is no prohibition for staying of Appeal, but Stay of Execution Proceeding cannot be allowed. 7. The impugned Order passed under Order XLI Rule 5 of the Civil Procedure Code appears to be justified. The Petitioner/Appellant could not assign any reason why the application was filed with such inordinate delay. In my view, the observation of the learned appellate Court by passing the impugned 6 Order, suffers no illegality. Accordingly, I find no justification to entertain the Civil Revision Petition. 8. In the result, the Civil Revision Petition is dismissed, without costs. Consequently, pending miscellaneous applications, if any, shall stand closed. ___________________________ JUSTICE SUBHENDU SAMANTA KS Dated:06.01.2026. 7 04 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CIVIL REVISION PETITION NO.2676 OF 2022 DATED:06.01.2022. KS