S LAKSHMIREDDY Vs. GUTHA SANJEEVAMMA

JUDGEMENT

(1.) Heard Sri Prakash Reddy, the counsel representing the revision petitioner.

(2.) The matter is coming up for admission to-day. The Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure as against the order dated 27-04-2005 made in I.A. No. 2069 of 2004 in A.S. No. 114 of 2004 on the file of the I Additional District Judge, Cuddapah. The appellant in A.S. No. 114 of 2004 moved an application I.A. No. 2069of 2004 underOrder 41 Rule 5 of C.P.C. praying for stay of execution of proceedings in E.P. No. 177 of 2004 in O.S. No. 75 of 1996 on the file of Senior Civil Judge, Cuddapah. The learned Judge taking the facts and circumstances into consideration ultimately directed the petitioner-appellant to deposit the decretal amount in the E.P. pending on the file of Senior Civil Judge, Cuddapah, as claimed in the E.P. on or before 7-6-2005 and it was also further directed that the respondent- plaintiff shall not withdraw the amount till the appeal is decided. Aggrieved by the same, the present Civil Revision Petition is preferred.

(3.) Sri Prakash Reddy, the learned counsel representing the revision petitioner would submit that in view of the fact that half of the amount had already been deposited, in the present application, the learned Judge ordering to deposit the total decretal amount covered by the E.P. cannot be said to be an order made in proper exercise of the discretion and hence the impugned order cannot be sustained.