The civil revision petition was admitted on 27.11.2006 by this Court and interim stay of trial had been granted in CRPMP No.7786 of 2006. CRPMP No.4938 of 2008 is filed by the first respondent praying for vacation of the interim stay granted by this Court in the application already specified supra. Respondents 2 to 4 though had been shown as parties in the revision petition, it is specified that they are not necessary parties.

2. At the time of hearing of the vacate application CRPMP No.4938 of 2008, Sri Y.V.Ravi Prasad, learned counsel representing the revision petitioner and Sri Janardhan Rao representing Sri K.Chidambaram, learned counsel representing the first respondent-plaintiff-vacate petitioner made a request for final disposal of the revision petition itself. Hence, the C.R.P. was heard finally by this Court.

3. Sri Y.V.Ravi Prasad, learned counsel representing the revision petitioner would maintain that the petitioner filed application in I.A.No.2217 of 2006 in O.S.No.55 of 2003 on the file of the Additional Senior Civil Judge, Eluru, under Order 16, Rule 6 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as 'the Code') to direct the Ch