HONOURABLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2712 OF 2009 ORDER: This Civil Revision Petition is directed against the order dated 24-04-2009 in I.A. No.181 of 2009 in A.S. No.44 of 2009 on the file of the District Judge, Ongole, whereby and whereunder the petitioners herein were directed to deposit 1/3rd of the decreetal amount and also to furnish security for the remaining 2/3rd of the decreetal amount. 2. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 3. Learned counsel for the petitioners contended that in pursuance to the direction of the learned District Judge, petitioners deposited 1/3rd of the decreetal amount, and that there is no justification in ordering to furnish security for the remaining 2/3rd of the amount and hence, he prays to set aside the order impugned. 4. On the other hand, learned counsel for the respondent contended that to safeguard the interest of the respondent, the appellate Court has passed the order impugned and that it is a discretionary order and that the same needs no interference by this Court. 5. Under Order – XLI Rule –1 sub-Rule – (3) C.P.C., where the appeal against the decree for payment of money, the appellant shall, within such time as the appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof, as the Court may think fit. The above provision makes it clear that the Court has discretion to direct the defendant to deposit the amount disputed or to furnish security. The discretion has to be exercised judiciously. 6. In view of the above provision, the order passed by the learned District Judge is modified directing the petitioners to deposit half of the decreetal amount together with costs and interest instead of furnishing security for the remaining 2/3rd of the decreetal amount. As the petitioners have already deposited 1/3rd of the decreetal amount, it is directed that the petitioners shall deposit another 1/3rd of the decreetal amount, within a period of six (6) weeks from the date of receipt of a copy of this order and on such deposit, the respondent is permitted to withdraw the same without furnishing any security. In default of depositing 1/3rd of the remaining amount, stay shall stand vacated. 7. With the above modification, the Civil Revision Petition is disposed of. There shall be no order as to costs. ____________ K.C. BHANU, J October 01, 2010. KTL