T DORASWAMY REDDY Vs. K KODANDA NAIDU

JUDGEMENT

(1.) The petitioner questions the order of the 1st Additional District Munsif, Chittoor in O.E.P.No.257 of 1988 in O.S.No.616 of 1985 dated 14-3-1990 directing the judgment-debtor to pay the entire decretal amount of Rs.21,318.75 ps., which included interest upto 2-9-1988, on or before 30-4-1990 failing which he would be liable for arrest without any further enquiry.

(2.) This C.R.P. was admitted on 23-4-1990 and this Court granted interim stay in C.M.P.No.5941 of 1990 on condition that the petitioner deposited one-fourth of the decretal amount within two months and permitting the respondent/decree-holder to withdraw the amount, if deposited, without furnishing security. The petitioner sought extension of time on 14-6-1990 in C.M.P.No.7689of 1990 and on 15-6-1990 it was extended by 10 weeks. On the respondent's C.M.P.No. 17743 of 1990 for vacating the interim stay, this Court on 24-1-1991 ordered that the interim stay be made absolute subject to the condition of the petitioner paying another one-fourth of the decretal amount within one month from that day, and permitting the respondents to withdraw the amount, if any deposited, without furnishing security. Subsequently, in C.M.P.No.2446 of 1991 by order dated 22-2-1991 this Court extended the time for making that deposit till the end of March, 1991 stating that in default the stay shall stand vacated.

(3.) The learned Counsel for the respondent states that the petitioner did not deposit another one-fourth of the decretal amount as directed by this Court on24-l-1991 and 22-2-1991,and that, therefore, the stay should be deemed to be vacated. However, the petitioner was not arrested in view of the pendency of the C.R.P.