IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4322 of 2009 Petition under Section ____ of CPC., to revise/against the order dated 25/06/2009 in OS NO : 117 of 2006 on the file of the court of the Between: 1 N.Narayanaswamy, S/o. N.Kanjaiah, R/o. Bommaipalli Village, Nalagampalli Post, B.Palyam Mandal, Chittoor District. 2 B.Loknandha Naidu, S/o. B.Munaswamy Naidu, C/o. Kaveri Chicken Center, MBT Road, R/o. D.No. 4-3, Opp: Gomathi Spinners, Bangarupalyam Mandal, Chittoor District. 3 B.P.G.Sukumar, S/o. B.Padmanabha Reddy, R/o. D.No. 1-596, Karnala Street, Kattamanchi, Chittoor. 4 R.S. Hariprasad Reddy, S/o. R.Sidda Reddy, R/o. D.No. 2-603, Puttur Road, K.R.Palli, Chittoor. 5 T.Raghunatham, S/o. T.Nagaiah, Durga Nagar Colony, Chittoor. ..... PETITIONERS AND Margadarsi Chit Fund Ltd., having Registered Office & Corporate office at 5-10-195, Fatechmaidan Road, Hyderabad-500004 having among other branches a branch At Chittoor rep. by its Manager/Foreman .....RESPONDENT Counsel for the Petitioner:MR.T.G.PRASAD REDDY Counsel for the Respondent : MR.A.V.SESHA SAI FOR RVAK-1 The Court made the following: Form-NIC-OGS/CRP{GMS} THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4322 of 2009 ORDER: Heard both the counsel. The petitioners herein are the Judgment Debtors in the suit decreed in favour of the respondent in O.S.117/2006 on the file of the Principal Senior Civil Judge, Chittoor for a sum of Rs.3,02,882/- as per the Judgment and Decree dated 25.06.2009. Aggrieved by the said Judgment and Decree of the trial Court in O.S.117/2006, dated 25.06.2009, the petitioners herein who are the defendants in the suit filed appeal in A.S.59/2009 on the file of the District Judge, Chittoor and pending disposal of the appeal, the petitioners filed I.A.282/2009 under Or.41 Rule-5 CPC seeking to stay of execution of the decree dated 25.06.2009. The lower appellate Court by order dated 07.09.2009, granted stay, subject to the condition of the petitioners depositing 50% of the decretal amount and costs of the suit, on or before 18.09.2009. Aggrieved by the same, this Civil Revision Petition is filed under Sec.115 of the Constitution of India. This Court, while issuing notice before admission on 11.09.2009, granted interim stay of execution of the decree, subject to condition of the petitioners herein depositing 25% of the decretal amount along with costs, within a period of four weeks from 11.09.2009. It is stated that the 25% of the decretal amount and costs are deposited and the condition is complied with. As the appeal is admittedly pending on the file of the learned District Judge, Chittoor, I am of the opinion that it would meet the ends of justice if the stay order of the lower appellate Court is modified in terms of the interim order passed by this Court on 11.09.2009. The Civil Revision Petition is accordingly disposed of, modifying the stay order of the lower appellate Court, in terms of the interim order of this Court dated 11.09.2009. However, the lower appellate Court is directed to dispose of the main appeal itself, as expeditiously as possible, on priority basis. The amount, already deposited, is permitted to be withdrawn by the respondents/decree holder, without furnishing any security. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 09.10.2009 Dsr