THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.817 OF 2009 ORDER: The petitioners-judgment debtors filed this revision under Section 115 of the Code of Civil Procedure, 1908 {“CPC” for brevity}, inter alia, seeking to assail the correctness of the order dated 31.12.2009 passed in E.P.No.34 of 2005 in S.C.No.311 of 1997 on the file of the Additional Senior Civil Judge, Chittoor, in allowing the petition filed under Order XXI Rules 46 and 56 CPC seeking for attachment of the debt in O.S.No.565 of 2004 on the file of the I Additional Junior Civil Judge, Chittoor, being the balance of sale consideration amount of Rs.42,500/- payable to the judgment debtors 1 and 2 and order for payment of the realized amount to the decree holder. Apart from several other contentions sought to be raised on merits, the twin aspects as could be evident from the counter affidavit filed by the petitioner in the Court below in E.P. and also as referred to in para-9 of the order impugned are that primarily, it is the case of the petitioners that the present execution proceedings have squarely barred in view of the disposal of E.P.No.164 of 2002 and further, having regard to the fact that one of the petitioners being minor, who is respondent No.2 herein, the question of proceeding with the execution is not maintainable. On a perusal of the entire order impugned, neither of these two points have been considered nor a finding is given. In support, learned counsel for the petitioner sought to place reliance on the decisions reported in Kollapudi Govindamma v. Mandru Bullema[1], Sudhamani Dei v. Sadananda[2], D.Krishna Sachi v. Y.Vijay Lakshmamma[3] and Satkari v. Sushil Kumar[4]. Be that as it may, having regard to the fact that these aspects, which are substantial in nature, having remained unconsidered, it is felt desirable that the matter has to be remanded. Accordingly, the Civil Revision Petition is allowed and the order dated 31.12.2009 in E.P.No.34 of 2005 is set aside. The matter is remitted back to the Court below for fresh disposal in accordance with law, after giving notice and opportunity to both the sides. No costs. _________________ (B.PRAKASH RAO, J) 10th February 2011 RRB [1] AIR 1957 AP 47 [2] AIR 1979 Orissa 130 [3] AIR 1988 AP 60 [4] AIR (38) 1951 Calcutta 577