THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.1142 of 2010 (DATED : 09-11-2010) Between: M/s. Margadarsi Chit Fund Limited Mahabunagar rep. by its Branch Manager …Petitioner A n d Taheruddin Khan S/o Mohiuddin Khan Mahabubnagar and others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.1142 of 2010 ORDER: This revision is directed against the order dated 01.11.2008 passed in I.A.No.533 of 2007 in A.S.No.131 of 2007 on the file of the VII Additional District Judge, Mahabubnagar, whereby and whereunder, the learned Additional District Judge granted stay of execution of decree dated 28.9.2007 passed in O.S.No.76 of 2007 on the file of II Additional Senior Civil Judge, Mahabubnagar. 2. Notice before admission came to be ordered on 15.04.2010. Despite notice being served on the 1st respondent- appellant, he did not choose to enter appearance. 3. Heard learned counsel appearing for the petitioner-plaintiff and perused the material brought on record. 4. Learned counsel appearing for the petitioner submits that though appeal has been filed by the 1st respondent alone, the learned Additional District Judge, Mahabubnagar proceeded to stay the execution of the decree against all the defendants and therefore, the order granted by VII Additional District Judge needs to be modified. A further submission has been made that the decree being a money decree, defendants are required to pay part of it to show their bona fides for securing interim stay of execution of the decree granted in O.S.No.76 of 2007. 5. The petitioner is the plaintiff in O.S.No.76 of 2007 on the file of the II Senior Civil Judge, Mahabubnagar. He filed the suit for recovery of Rs.1,60,468/-. None of the defendants contested the suit. Consequently, an ex parte decree came to be granted by the trial Court on 13.2.2006. Defendant No.1 filed A.S.No.131 of 2007 assailing the judgment and decree dated 13.2.2006 passed in O.S.No.76 of 2004. He also moved I.A.No.533 of 2007 under Order XLI Rule 5(1) CPC for grant of stay of execution of the decree dated 28.9.2007 passed in O.S.No.76 of 2004. The learned VII Additional District Judge proceeded to grant stay, by order dated 01.11.2008. Hence, this revision. 6. As seen from the copy of the decree, which find place at Page No.14 of the material papers, none of the defendants contested the suit. It indicates that the defendants have not placed on record their pleadings before the trial Court resisting the claim of the plaintiff. In that view of the matter, granting blanket stay can be said to be inappropriate in the given facts and circumstances. Accordingly, stay granted by the trial Court is modified directing the 1st respondent-1st defendant to deposit 50% of the decretal amount with suit costs within a period of four weeks, failing which the interim stay granted in I.A.No.533 of 2007 in A.S.No.131 of 2007 on the file of VII Additional District Judge, Mahabubnagar stands vacated 7. Accordingly, the Civil Revision Petition is allowed. _____________________ B.SESHASAYANA REDDY, J Dt.09-11-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1142 of 2010 (DATED : 09-11-2010)