M.THANIKACHALAM J. - (1.) Revision Petition itself taken for disposal, by consent.
(2.) The respondent in this Revision Petition, as complainant, obtained an exparte order, wherein a direction has been given by the District Forum, to pay a sum of Rs.1,25,473/- alongwith 9% p.a., from 26.2.2007 till payment, alongwith compensation of Rs.10000/- as compensation for mental agony and Rs.3000/- as cost, which was not satisfied, resulting execution petition by the Decree Holder, before the District Forum, where NBW was ordered to be issued, which is challenged in this revision. In this revision, when a stay petition has been filed, considering the scope of the case, a direction has been issued to deposit Rs.50000/-, excluding mandatory deposit, which was complied, thereby securing 75% of the order of the District Forum.
(3.) It is an admitted fact, that a petition for condoning the delay, has been filed, and the same is also pending for compliance of certain condition, and on compliance, appeal will be taken. Therefore, keeping the Revision Petition, when appeal has been filed, may not be necessary, that too in view of the fact 75% of the amount is ordered to be secured, which will be in the safe custody of the District Forum, or State Commission concerned, which shall abide the result of the case. Hence the Revision is allowed, order of the District Forum set aide, giving liberty to the parties, to agitate their right in the appeal.;