S. MADHUSUDAN RAO, J.

( 1 ) THIS is a petition by the plaintiff in Original Suit No 108 of 1976 on the file of the Sub-Court, Guntur to vacate the interim stay ordered by this Court in Civil Miscellaneous Petition No. 5962 of 1980. The suit was for the recovery of possession of the plaint c schedule properties and for past and future mesne profits. The unsuccessful defendant in the suit filed an appeal before this Court (SR No. 33262 of 1980) against the judgment and decree passed by the Sub Court, Guntur, along with the application tor permission to file the appeal as an indigent person. He has also filed another application, C. M P. No 5881 of 1980 for the condonation of the delay of 16 days in filing the appeal. He has further filed the C. M. P. No. 5962 of 1980 under Order 41 Rule 5 C P. C. praying that the High Court may be pleased to stay all further proceedings in the execution of the decree in O. S. No. 108 of 1976 on the file of the Sub-Court, Guntur. On 24-4-1980 this court directed notice on the application for condonation of the delay and passed an interim order of stay on the application for stay The petitioner, who is the respondent in the appeal and the applications

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