THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.6067/2010 Date of Order: 24-12-2010 Between: Sabbani Narayana ..Petitioner and 1. Veeranala Purnachandra Rao and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.6067/2010 Oral order: This revision is directed against the orders of the Principal Junior Civil Judge, Machilipatnam dt.16-10-2006 passed in EP No.379/2006 in OS No.978/2005, whereunder the learned Judge ordered attachment of salary of the judgment Debtor (revision petitioner herein) for realization of the decretal amount as per Order 21 Rule 48 CPC subject to Sec.60 CPC. Learned counsel for the petitioner submits that against ex parte decree passed against the petitioner, he filed a petition under Order 9 Rule 13 CPC seeking to set-aside the ex parte decree and pending consideration, ordering EP is unjust and the same may be kept in abeyance till the petition under Order 9 Rule 13 CPC is disposed of. This court while ordering notice before admission on 5-4-2007 stayed the attachment subject to petitioner paying Rs.20,000/- within a period of eight weeks. Admittedly, the petitioner can always move the court, which passed the decree for staying the execution pending consideration of petition filed under Order 9 Rule 13 CPC to set-aside the ex parte decree. In the absence of stay granted either by the court which passed the decree or the appellate court, there is no bar for the executing court to proceed with the execution of the decree. No infirmity is discernible in the in order passed by the executing court warranting interference by this court. The Civil Revision Petition is accordingly dismissed. No costs. _________________ A.GOPAL REDDY, J. Dt.24-12-2010 kmr