THE HON’BLE SRI JUSTICE GODA RAGHURAM CIVIL REVITION PETITION No.6004 of 2010 ORDER: Heard the learned counsel for the petitioner Sri T.V.S.Prabhakar Rao and the learned counsel for the respondent (caveator) Sri P.Rajesh Babu and with consent, the revision is disposed of at the admission stage. This revision, under Article 227 of the Constitution, is directed against the order dated 09.11.2010 of the learned I-Additional District Judge, East Godavari District, in I.A. No.1897 of 2010 in A.S. No.135 of 2010. The substantive appeal was preferred against the decree in O.S. No.407 of 2006, dated 27.07.2010, of the learned II-Additional Senior Civil Judge, Rajahmundry, decreeing the suit filed by the respondent herein. In the appeal, the revision petitioner - appellant sought stay of execution of the decree of the trial court insofar as it granted eviction of the revision petitioner from the suit schedule property and recovery of arrears in favour of the plaintiff, while granting two months’ time to vacate the premises from 27-09-2010. The Court below, on a careful consideration of the reasoning and conclusions of the trial court, which was the subject matter of the appeal, allowed the application seeking stay of the decree of the trial court on condition that the revision petitioner pays an amount of Rs.15,279/- to the respondent – plaintiff towards costs of the suit directly and on further condition that he should deposit Rs.1,00,000/- by the end of November, 2010 and another Rs.1,00,000/- by the end of December, 2010 and the balance of Rs.98,400/- by the end of January, 2011. Learned counsel for the revision petitioner - appellant would contend that the conditional order of the Court below is arbitrary, since it has directed to deposit the entire amount as decreed by the trial court in the context of the fact that the vitality of the findings and conclusions, including on the liability of the revision petitioner to the respondent- landlord, is the subject matter of the appeal. In the above facts and circumstances of the case, this Court is of the view that the order of the Court below be modified to the following extent alone : “The revision petitioner – appellant, apart from paying the liability of a sum of Rs.15,279 to the respondent towards costs of the suit as directed by the court below (learned counsel for the respondent herein states that it has been paid to the respondent – plaintiff), shall be liable to pay a further amount of Rs.2,50,000/-, of which an amount of Rs.1,00,00/- shall be paid by 28.01.2011 and another amount of Rs.1,00,000/- by the end of February, 2011 and the balance of Rs.50,000/- by the end of March, 2011. On each of the deposits, the respondent – plaintiff shall be at liberty to withdraw half of the amount so deposited, without furnishing any security. In default of deposit of the above amounts within the time stipulated above, this revision shall be deemed to be dismissed and the order of the stay granted in I.A. No.1897 of 2010 in A.S. No.135 of 2010 shall stand dissolved.” The revision is, accordingly, disposed of at the stage of admission, after hearing the counsel for the respective parties. There shall be no order as to costs. __________________ GODA RAGHURAM, J January 21, 2011. Note: Issue CC in three days B/o V V/NDR