HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION No.1011 OF 2010 Dated 19th August, 2011 Between: Nasina Mallikarjuna and another. ….Petitioners. And: Margadarsi Chit Fund Limited, represented by its Manager/Foreman, D.Hari Babu and others. …Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION No.1011 OF 2010 ORDER: This C.R.P. is filed by the petitioners aggrieved by the order dated 11th February, 2010 passed by the learned Principal Senior Civil Judge, Nellore in E.P.No.39 of 2010 in O.S.No.223 of 2007. Petitioners herein are the J.Drs.1 and 4- defendants 1 and 4 and 1st respondent herein is the D.Hr./plaintiff and respondents 2 to 6 herein are the J.Drs.2,3,5 to 7 -defendants 2,3,5 to 7), respectively. The status of the parties will hereinafter be referred to as arrayed in the execution proceedings before the Court below for the sake of convenience. Originally, the Decree holder filed the suit against the Judgment debtors and others seeking for recovery of Rs.6,87,080/- with interest at 12% p.a., and costs, on the foot of a demand promissory note dated 14.2.2005 executed by the judgment debtors and others jointly in its favour for Rs.11,00,000/- and on the basis of the chit agreement executed by the 1st judgment debtor on 3.9.2003 for a chit of Rs.20,00,000/- payable in 40 instalments at Rs.50,000/- each. The Court below having heard the learned counsel for the decree holder and having gone through the material available on record, decreed the suit exparte directing the judgment debtors and others to pay a sum of Rs.6,87,080/- with interest at the rate of 12% p.a, from the date of suit i.e.,13.4.2007 till the date of decree i.e., 18.11.2009 on the balance amount of Rs.6,00,000/- and with future interest at the rate of 6% p.a, from the date of decree, till realization while directing them to pay a sum of Rs.18,590/- towards costs of the suit. After obtaining the decree, the decree holder filed E.P.No.39 of 2010 against the all the judgment debtors under the provisions of Order 21 and Rule 54 C.P.C. seeking to attach the A and B scheduled mentioned immovable properties belonging to the judgments debtors-1 and 4 and also seeking a direction to sell the same under the provisions of Order 21 and Rules 64 and 66 C.P.C. for realization of the amount due to the Decree Holder from out of the sale proceeds thereof. In the said E.P., the Court below passed the following order: “Issue Rule 54 Attachment and Urgent notice under order 61 and 66 by 6.4.2010 and 13.4.2010.” Aggrieved by the same, the present revision has been preferred by the judgment debtors- 1 and 4 alone. Heard the learned counsel. On 3.3.2010, while dispensing with the filing of the certified copy of the order dated 11.2.2010 and while ordering notice before admission, this Court passed an interim order in C.R.P.M.P.No.1392 of 2010 which is extracted hereunder. “The attachment order passed in E.P.No.39 of 2010 in O.S.No.223 of 2007 dated 11.2.2010 shall continue. However, no further steps shall be taken pursuant to the said order dated 11.2.2010, until further orders.” It is contended by the learned counsel for the judgment debtors-1 and 4 that the decree obtained by the decree holder was an ex parte in nature and therefore, the judgment debtors – 1 and 4 were not given any opportunity to contest the suit and consequent thereto, the E.P. proceedings have taken place. At this stage of the proceedings, in support of his contention that directing not to take steps for a period of three (3) Weeks from that day as to the attachment proceedings, this Court has given liberty to the Judgment Debtors 1 and 4 to move the Court below by filing counter affidavits in the execution proceedings, the learned counsel for the judgment debtors has placed before this Court a copy of the order in C.R.P.No:1013 of 2010, dated 9.11.2010. In view of the submission coupled with the order of this Court in the above revision petition, without expressing any opinion on the merits of the case, I feel it just and proper to give liberty to the judgment debtors-1 and 4 to move the Court below by filing the counter affidavits in the execution proceedings in question while making it clear that attachment order shall continue to operate but no further steps shall be taken for a period of three (3) Weeks from the date of receipt of a copy of this order. Subject to the above observation, this revision petition is disposed of. No costs. ____________________ Justice G.CHANDRAIAH Dated 19th August, 2011. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH CIVIL REVISION PETITION No.1011 OF 2010 Dated 19th August, 2011 Dvs