ORDER:

This revision petition is filed under Article 227 of Constitution of India aggrieved by non-disposal of E.P.No.19 of 2023 in O.S.No.450 of 2011 on the file of the Court of Civil Judge (Senior Division), Dhone, Kurnool District filed under Order XXI, rules 35 & 36 and Section 151 C.P.C to vacate the J.Dr.Nos.1 to 3 and deliver vacant possession of the E.P. schedule property to the D.Hr/revision petitioner.

02. It is the contention of the revision petitioner that merely because S.A.No.609 of 2023 filed before this High Court against the decree under execution is pending, though there is no order of stay of execution of decree, the Court is not proceeding with the execution. The learned counsel for the petitioner placed reliance on the decision of Supreme Court in Sanjiv Kumar Singh vs. The State of Bihar and others, [2023 LiveLaw (SC) 63], wherein it is held that unless there is an interim order granted, mere filing of appeal would not operate as stay.

03. The petitioner further contended that she is a senior citizen aged about 61 years and has undergone a cardiac surgery and her husband is aged about 73 years and suffers from cardiac and age related ailments.

04. Recently, on 06.