IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.5716 of 2010 BETWEEN Dammai Panda Lingamaiah and others. ... PETITIONERS AND The Asst. Engineer (Operation), AP TRANSCO, Nizamabad and another. ...RESPONDENTS Counsel for the Petitioners : MR. G. MADHUSUDHAN REDDY Counsel for the Respondents: --NONE APPEARED-- The Court made the following: ORDER: The respondents though served, none appeared. 2. Heard the learned counsel for the petitioners. 3. The only grievance of the petitioners is against the interlocutory order passed by the lower appellate Court permitting the petitioners to withdraw 1/4th of the decretal amount on surety, pending appeal against the decree. Petitioners have, undoubtedly, succeeded before the trial Court and in the appeal, the said decree is questioned by the respondents herein. 1/4th of the decretal amount was directed to be deposited, as a condition for grant of stay of the decree. The respondents have complied with the said decree. 4. The petitioners herein include two daughters of the deceased, who lost their mother in the unfortunate accident and as such, the 1/4th of the decretal amount, therefore, would be essential for their future. I, therefore, see no reason why the petitioners should not be allowed to withdraw the said 1/4th of the deposited amount without there being any condition as to furnishing any security. The impugned order is accordingly modified to that extent. Petitioners shall be entitled to withdraw 1/4th of the deposited amount without furnishing any security. Since the appeal is of the year 2009 and is pending before the fast track Court, the lower appellate Court is requested to hear and dispose of the appeal expeditiously and in any case, before 30.04.2011. The withdrawal of the amount by the petitioners shall be subject to the result of the appeal. The civil revision petition is accordingly allowed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J January 29, 2011 Note: Furnish C.C. of the order in one week. (B/o) DSK