Judgment debtor sought stay of execution proceedings during pendency of her appeal against the decree. The High Court held that mere filing of an appeal does not automatically stay a decree or its execution absent a specific direction by a competent court, and dismissed the revision petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CIVIL REVISION PETITION NO: 391 0F 2025
Petition under Arlicle 227 of the Constitution of lndia aggrieved by the E.P.No.6 of 2024 in O.S.No.101 of 2007 is pending on the file of the Senior Civil Judge, Jangaon wherein the A.S.No.1 of 2023 filed by the petitioner/JDR is pending.
Between:
Ramasahayam Jyothi Dev_i Wo Late Venkat Reddy, Aged 73 years, Occ Agriculture, R/o Nellutla Village, Linga lg hanpu rlvla nddl, Ja"ngaon districi
...Petitioner / JDR / Defendant
AND
...Respondents / DHR / Plaintiff
lA NO: 1 OF 2025
Petition under Section 39 Rule 1 & 2 rlw Section'151 of CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of proceedings in EP No. 06/2024 against OS No.101/2007 filed by the respondenUDHR during the pendency of First appeal AS No. 0'1/2023 before Prl District Judge Jangaon.
Counsel for the Petitioner
Mr Y Sandeep Sai
Counsel for the Respondents :
The Court made the following Order :
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THE HONOURABLESRIJUSTICE N. TUKARAMJI
C.R.P.No. 391 oI2O25
ORDER
Heard lt/lr.Y. SandeepSai, learned counselfor revision petitioner.
left unanswered
2
As a sequel, miscellaneous applications, pending if any, shall stand closed.
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HIGH COURT
DATED:0710212025
ORDER
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CRP.No.391 of 2025
DISMISSING THE CRP
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1 issue framed by the court
Does the mere filing of an appeal against a decree operate as a stay of execution proceedings on that decree?
2 provisions across 2 enactments
Ramasahayam Jyothi Devi
Challa Aruna Devi
Malipeddi Susheela Devi
Chalamalla Swarnalatha
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
