THE HONOURABLE SRI JUSTICE D.S.R.VARMA SECOND APPEAL No.1517 of 2007 ORAL JUDGMENT: Heard both sides. 2. This Second Appeal is filed aggrieved by the judgment and decree, dated 10.12.2007, passed by the I Additional District Judge, Krishna at Machilipatnam, in A.S.No.152 of 2006, wherein and whereby the judgment and decree, dated 13.03.2006, passed by the Senior Civil Judge, Avanigadda, in O.S.No.75 of 2004, was confirmed. 3. The appellant is the defendant and the respondent is the plaintiff in the said suit. 4. For the sake of convenience, the parties will hereinafter be referred to as arrayed in the suit. 5. The said suit was filed for recovery of money on the strength of a promissory note. The trial Court, after appreciation of the evidence, both oral and documentary, passed the judgment and decree in favour of the plaintiff and the same was confirmed by the lower appellate Court. 6. On the last occasion i.e., when the matter was listed on 16.04.2001, learned counsel for the defendant expressed the willingness of the defendant to repay the amount due to the plaintiff, if the plaintiff is ready to deduct some amount from the total decretal amount of Rs.1,51,604/-. 7. Today, when the matter is listed under the caption “for Orders”, learned counsel for the plaintiff submitted across the Bar that the plaintiff is willing to reduce the decretal amount by Rs.25,000/- and the same has been accepted by the learned counsel for the defendant. 8. I am informed that both the learned counsel made the said representations, upon their instructions from their respective parties. 9. I do not have any reason to disbelieve the representations made by the learned counsel appearing on either side. Accordingly, recording the submission made by the learned counsel for the plaintiff that a sum of Rs.25,000/- may be deducted from the total decretal amount, the balance amount which would be payable by the defendant comes to Rs.1,25,000/- (Rupees One lakh twenty five thousand only). The defendant is directed to pay the said amount of Rs.1,25,000/- to the plaintiff within a period of four months from the today. 10. Further, it is brought to the notice of this Court that on earlier occasion i.e., on 22.02.2008, this Court, while granting interim stay, directed the defendant to deposit a sum of Rs.25,000/-. Now, it is represented by learned counsel for the defendant that the said condition had been complied with. In such an event, the amount of Rs.25,000/-, said to be have been deposited by the defendant, shall be given credit to the amount which falls due to be paid by the defendant to the plaintiff. In default of payment of Rs.1,25,000/- by the defendant to the plaintiff within the stipulated period of four months from today, it is open for the plaintiff to enforce the original decree by way of execution. 11. Subject to the above directions and observations, the Second Appeal is disposed of. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA 16th July, 2010 dr