ELIPE DHARMA RAO, J.

( 1 ) AGGRIEVED by the order dated 27-2-2003 in IA No. 1585 of 2002 in op No. 81 of 2000 on the file of the learned principal Senior Civil Judge, Ranga Reddy disrtict, in dismissing the application filed under Sections 10 and 151 of CPC seeking stay of the OP, this civil revision petition is filed.

( 2 ) THE brief facts that are necessary for disposal of the revision petition are that the revision petitioner contested the election as Member/councillor to Uppal Kalan municipality, which was held on 9-3-2000 and was declared elected as Member/ councillor on 29-3-2000. Thereafter, the unsuccessful candidate-first respondent herein gave a complaint to the Municipal commissioner with regard to the disqualification of the petitioner on the ground that he is having more than two children. Thereafter, the Municipal Commissioner issued a show-cause notice to the revision petitioner on 6-4-2000 regarding the allegation made against him i. e. , he is having more than two children and the revision petitioner submitted his explanation on 2-6-2000. After considering the explanation filed by the petitioner, the Municipal Commissioner had not satisfied and therefore, referred the matter for the opinion of the District Judge, ranga Reddy, in whose jurisdiction the municipality is constituted, and the same was registered as OP No. 863 of 2000. After conducting trial of the OP, the same was disposed of by an order dated 23-7-2002 declaring that the petitioner is disqualified under Section 13 (B) of the Act for having more than two children. Aggrieved by the same, WP No. 14301 of 2002 was filed by the petitioner before this Court and stay was granted on 6-8-2002. Before making a representation to the Commissioner, Uppal kalan Municipality, under Section 17 of the act, petitioner herein individually filed OP no. 81 of 2000 for the same relief on the file of the Court of Principal Senior Civil judge instead of filing before the District court as contemplated under Section 17 of the Andhra Pradesh Municipalities Act, 1965 (for the short the Act ) and the learned principal Senior Civil Judge has entertained the OP. During the pendency of the OP, respondents have filed transfer petition op No. 104 of 2001 seeking transfer of op No. 81 of 2000 to the District Court, rangareddy, and connected matter in OP no. 863 of 2000 is pending under consideration in the District Court, but the transfer petition was dismissed. Accordingly, the learned District Judge, Rangareddy, enquired into the matter and disposed of op No. 863 of 2000 holding that the petitioner herein has become disqualified for having more than two children.

( 3 ) THEREAFTER, the petitioner filed IA no. 1585 of 2002 in OP No. 81 of 2000, under Sections 10 and 151 of CPC, to stay the proceedings on the ground that similar matter was decided by the District Judge, rangareddy District, and against the same, a writ petition was filed before this Court and till the disposal of the writ petition, the proceedings in the OP is to be stayed. After considering the material available on record, the learned Principal Senior Civil judge dismissed the application observing that though the issue involved is one and the same in both the Ops. , but the Courts in which the OPs are filed are constituted on different footing by a statute, for different purposes. As such, it cannot be said that the proceedings in the present OP are to be stayed as prayed by the petitioner. He further observed that the proceeding is not in any suit and the grounds pleaded in the present OP are not only in respect of the disqualification but on some other grounds also. Aggrieved by the same, the present revision petition is filed.

( 4 ) THE learned Counsel for the petitioner has contended that the Court below has failed to exercise jurisdiction vested in it and acted in material irregularity in rejecting the application. He further contended that the Court below failed to see that the issue involved in OP No. 81

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