THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5434 of 2008 Dated:21.08.2009 Between: Gadiraju Latchi Raju. …Petitioner and Pericherla Venkata Gopalakrishnamraju, And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5434 of 2008 ORDER: First respondent filed O.S.No.55 of 2005 on the file of the Court of the Senior Civil Judge, Bhimavaram, for recovery of money, against the petitioner and second respondent. Suit was decreed on 30.06.2008. Petitioner/first defendant filed A.S.No.177 of 2008 on the file of the Court of the I Additional District Judge, West Godavari District, Eluru. He also filed I.A.No.2244 of 2008 for stay of operation of trial Court’s judgment/decree. On 17.09.2008 learned first appellate Court stayed operation of the trial Court’s judgment/decree on condition of the petitioner depositing 1/4th of the decretal amount with interest on or before 30.10.2008. Petitioner did not deposit the amount. He filed I.A.No.2553 of 2008 under Sections 148 and 151 of the Code of Civil Procedure, 1908, for extension of time for deposit by one month. By unreasoned order dated 30.10.2008 the same having been dismissed, the instant Civil Revision Petition is filed. This Court heard learned Counsel for the petitioner and first respondent/plaintiff. As the petitioner is willing to deposit the amount as directed by first appellate Court within one week, this Court is of the considered opinion that the Court may show indulgence to the petitioner as otherwise the appeal itself would be rendered useless. Therefore, Civil Revision Petition is disposed of giving a week’s time to the petitioner/first defendant from today to deposit the amount as directed by first appellate Court on 17.09.2008 in I.A.No.2244 of 2008. If he fails to deposit the amount within one week, it shall be open to first respondent/plaintiff to execute the decree. As and when the amount is deposited, it shall be open to first respondent/plaintiff to withdraw the same without furnishing any security. No costs. _______________ (V.V.S.RAO, J) 21.08.2009 vs