THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE P. SAM KOSHY Civil Revision Petition No.4624 of 2025 Date of order : 06.02.2026 BETWEEN :

Smt. Kusum Lakshmipathy … Petitioner and Smt.A. Surekha … Respondent

ORDER :

The instant Civil Revision Petition is filed by the petitioner under Section 115 of Civil Procedure Code, 1908 assailing the order dated 03.12.2025 in I.A.No.875 of 2025 in A.S.No.76 of 2025 passed by the Court of the III Additional Chief Judge, City Civil Court, at Hyderabad (for short, the “impugned order”)

2. Heard Mr. Apurva M. Gokhale, learned counsel for the petitioner.

3. The respondent filed the above I.A. before the First Appellate Court under Order 41 Rule 5(1) r/w. Section 151 of Civil Procedure Code, 1908 praying the Court to grant stay of execution and further proceedings of Judgment and Decree dated 28.02.2025 in O.S.No.33 of 2022 passed by the V Junior Civil Judge, City Civil Court, at Hyderabad.

4. Vide the impugned order, the First Appellate Court allowed the above I.A. and granted stay of implementation of Judgment and Decree in O.S.No.33 of 2022, dated 28.02.2025, passed by the V Junior Civil Judge, City Civil Court, Hyderabad subject to condition that petitioner shall pay admitted monthly rents to respondent every month on or before 5^th day of every calendar month either to petitioner or depositing the amount into the account of respondent, or to deposit the same before the Court and file proof of such payment of rents before the Court every month.

5. Aggrieved, the instant Civil Revision Petition has been filed by the petitioner.

6. Perusal of the pleadings would go to show that appeal is still pending consideration by the First Appellate Court. The petitioner herein can either approach the First Appellate Court itself for getting a stay or to persuade the First Appellate Court to decide the appeal itself on its own merits at the earliest. Without an effort made on this ground by the petitioner before the First Appellate Court, filing a Civil Revision Petition under Section 115 of the Civil Procedure Code, 1908 would not be proper and justified.

7. In view of the same, this Court permits the petitioner to approach the First Appellate Court to either press for vacating the stay petition which the respondent had filed, or to persuade the First Appellate Court to take a decision in the main appeal itself on merits. Under either of the circumstances, i.e., in the event an application for vacating the stay is filed, the First Appellate Court shall take up the matter and decide the same within a period of (45) days from the date the appeal is next fixed for hearing; or, in the alternative, the First Appellate Court may call upon both parties, and after hearing both parties decide the appeal itself at the earliest preferably within a period of (90) days from 06.03.2026, i.e., the date the matter is fixed for hearing before the First Appellate Court.

8. With these observations, the Civil Revision Petition stands disposed of. No costs.

9. As a consequence, miscellaneous petitions pending, if any, shall stand closed.

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P. SAM KOSHY, J Date: 06.02.2026 Ndr