THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.4061 of 2008 ORDER: Heard both sides. The petitioner is the defendant No.1, who by way of this revision under Section 115 of the Code of Civil Procedure inter alia seeks to assail the conditions which have been imposed while allowing an application filed under Order 9 Rule 13 of the Code of Civil Procedure while setting aside the decree to the extent of condition depositing half of the suit amount and costs. This Court at the time of admitting the revision granted interim direction in CMP.5397 of 2008 dated 19-9-2008 virtually for the same condition of depositing 50% of the suit amount. However, the respondent is not permitted to withdraw the same. The said order reads as follows: “There shall be interim stay of the proceedings of the E.P.No.8 of 2008 in O.S.No.1901 of 2005 on the file of II Senior Civil Judge, City Civil Courts, Hyderabad, subject to petitioner’s paying fifty (50%) percent of the suit amount and costs to the credit of the above suit, within a period of four (4)weeks from today. It is made clear that pending further order, the respondents shall not withdraw the amount that would be deposited by the petitioner.” Having heard the counsel and on perusal of the material, it is seen that since the petitioner has already deposited 50% of the suit amount well in advance, which remained in the Court, and there being a direction not to withdraw the same and the said direction remained in force all along without any application being filed by the respondents either for vacating the order or for withdrawal of the amount, I do not find any justification to vary with the same. In the circumstances, the revision is disposed of directing the Court below to dispose of the suit within a period of three months from the date of receipt of a copy of this order. However, the said condition as imposed by this Court by orders dated 19-9-2008 not to withdraw such deposits shall continue till the disposal of the suit and any such deposits made will be subject to the result of the main suit. No costs. __________________ B.PRAKASH RAO,J Date: 12-08-2010 Grk