THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.4068 of 2010 ORDER: The respondent filed O.S.No.137 of 2007 in the Court of the Principal Senior Civil Judge, Kurnool against the petitioner for foreclosure of a mortgage. A preliminary decree was passed on 04.06.2008. The petitioner filed an appeal against the preliminary decree before the Court of the Principal District Judge, Kurnool. Since there was delay of 424 days, he filed I.A.No.1531 of 2009 under Section 5 of the Limitation Act with a prayer to condone the delay. The application was opposed by the respondent. The lower appellate Court dismissed the I.A. on 28.07.2010. Hence, this revision. Heard the learned counsel for the petitioner. The record discloses that the notice sent to the respondent was not returned served yet. While ordering notice before admission on 18.02.2011, this Court granted interim stay on condition that the petitioner shall deposit half of the decretal amount within four weeks from that date. The learned counsel for the petitioner is not able to inform this Court as to whether the said condition was complied with. The respondent also did not take any steps to get the order vacated. This Court is of the view that in case the condition is complied with, the delay can be condoned permitting the respondent to withdraw the amount. On the other hand, if the condition is not complied with, the revision shall stand dismissed and the order passed by the lower appellate Court shall remain. Hence, the civil revision petition is disposed of, directing that: (a) if the petitioner has deposited half of the decretal amount as directed by this Court in its order, dated 18.02.2011, the order under revision shall stand set aside and the delay shall stand condoned. The respondent is entitled to withdraw the deposited amount; and (b) if the condition is not complied with, the revision shall stand dismissed upholding the order under revision. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:20.04.2011 kdl