B. SWAMY REDDY Vs. KOMURAVELLI KARUNA

JUDGEMENT

(1.) Mr. M. Ram Mohan Reddy, learned counsel appearing for the petitioner, was heard. Despite due service of notice, respondent Nos. 1 and 2 have chosen to remain unrepresented and have not entered appearance.

(2.) The present Civil Revision Petition is filed assailing the order dtd. 26/9/2025 passed in E.A. No. 12 of 2025 in E.P. No. 32 of 2023 arising out of O.S. No. 66 of 2007 on the file of the Additional Senior Civil Judge-cum-Additional Assistant Sessions Judge, Karimnagar. The petitioner, who is the decree holder (arrayed as defendant No.2 in the suit), is aggrieved by the order of the executing Court granting stay of execution of the decree.

(3.) Learned counsel for the petitioner submits that against the decree passed by the trial Court execution petition was filed in E.P. No. 32 of 2023. At that stage, the respondents/judgment debtors filed E.A. No. 12 of 2025 seeking stay of execution solely on the ground that a Second Appeal bearing No. 288 of 2024 is pending before the High Court. The executing Court, invoking Order XXI Rule 26 of the Code of Civil Procedure, 1908 (for short, "CPC"), granted stay of execution till disposal of the said appeal.