THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.2326 of 2011 ORDER: This Civil Revision Petition is filed under Article 227 of the Constitution of India to revive the order dated 29.04.2011 passed by the Senior Civil Judge, Machilipatnam in I.A.No.38 of 2007 in O.S.No.45 of 1978. The respondents 1 to 4/plaintiffs filed the above suit for specific performance of Contract for sale dated 11.06.1965 in respect of the plaint schedule property and the same was decreed directing the petitioner/first defendant to deposit the balance of sale consideration of Rs.26,427.50 ps together with interest. Aggrieved by the same, the petitioner preferred A.S.No.2855 of 1989 before this Court and this Court dismissed the said appeal on 28.02.2006. Thereafter, the petitioner filed the above Interlocutory Application under Section 151 C.P.C to permit him to deposit an amount of Rs.1,25,872-50 ps, for obtaining regular sale deed etc. The Court below dismissed the same holding that once the amount has not been deposited within the time specified in the decree and the petition for enlargement of time was also not filed before the expiry of initial time, it has become functus officio. Aggrieved by the same, the petitioner filed this revision. Learned counsel for the petitioner submits that the Court will not become functus officio and it can exercise inherent powers in a case of this nature and therefore, the order under revision is liable to be set aside. Since the order and decree of the lower Court is merged in the order of the appellate Court and the appellate Court has not granted time for depositing the amount, the lower Court rightly dismissed the application. When the same is pointed out by this Court, the learned counsel for the petitioner seeks permission of this Court to withdraw the Civil Revision Petition with liberty to move an appropriate application before the appellate Court. Permission is granted and the Civil Revision Petition is accordingly dismissed as withdrawn granting liberty as prayed for. However, this order will not preclude the petitioner from moving the appellate Court by filing appropriate application. There shall be no order as to costs. _________________ A. GOPAL REDDY, J Date: 22.07.2011 va