THE HON'BLE MR JUSTICE L.NARASIMHA REDDY CRP.No.3683 of 2010 ORDER: The 1st respondent filed O.S.No.302 of 2005 in the Court of 13th Additional Senior Civil Judge (Fast Track Court), City Civil Court, Secunderabad against the 2nd respondent and the petitioners herein for recovery of certain amount. The suit was initially filed against Sri G.Narasimha Rao. During the pendency of the suit, Narasimha Rao died and his wife, 2nd respondent and daughters-petitioners herein came on record. The suit was decreed on 17.09.2008. It is stated that the petitioners and the 2nd respondent have preferred appeal against the decree with some delay and that notice in the application under Section 5 of the Limitation Act is yet to be served. The 1st respondent filed E.P.No.4 of 2009 for execution of the decree. The 2nd respondent alone is contesting the E.P. Through its order, dated 17.08.2009, the trial Court directed sale of the attached property on the ground that no stay was granted by the appellate Court. The petitioners challenge the order, dated 17.08.2009. Heard the learned counsel for the petitioners and the learned counsel for the 1st respondent. It is no doubt true that no stay was granted by the appellate Court as yet, against the decree. At the same time, the efforts made by the petitioners to challenge the decree cannot be ignored. The original debtor is no more. The legal representatives viz., the wife and daughters are on record. If the property is sold, even while the appeal and application filed for condonation of delay are pending consideration, serious prejudice would be caused to the petitioners. The interest of the 1st respondent can be protected by directing the petitioners to deposit one-third of the decretal amount. Therefore, the civil revision petition is allowed, on condition that the petitioners shall deposit one-third of the decretal amount and the entire amount of costs, within four (4) weeks from today. On such deposit, it shall be open to the 1st respondent to withdraw the same without furnishing any security. The appellate Court shall consider the matter as regards grant of stay on its own merits. There shall be no order as to costs. __________ 10.08.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY CRP.No.3683 of 2010 Date: 10.08.2010 JSU