THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 4909 of 2007 Date of order: 8.7.2010 Between: B. Ravindra Naik and others …Petitioners and Shriram Chits (P) Ltd ...Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 4909 of 2007 ORDER: Judgment debtors are revision petitioners herein and they are aggrieved of the attachment order dated 23.10.2007 passed by the Principal Senior Civil Judge, Kothagudem in EP No. 117 of 2007 in O.S.No. 74 of 2006 with respect to their movable properties on the ground that a civil court cannot become Executing Court in the Agency areas in view of Rule 35 of the Andhra Pradesh Agency Rules. Heard both sides. The learned counsel for the petitioners states that the petitioners-judgment debtors are residents of Agency area and the decree passed against them cannot be executed by a civil court and in this connection, reliance is placed on Rule 35 of the Andhra Pradesh Agency Rules which states as follows, “Where it is sought to execute, within the agency tracks, a decree passed by a court in India situated out side the said tracks, the court issuing the decree shall forward the decree and copy of the judgment in the suit to the Agent to the State Government, who shall cause the decree to be executed in the manner provided by these rules for execution of a decree passed by him.” The aforesaid objection was not raised before the executing court and as such there was no adjudication on this aspect, because the petitioners remained exparte in the suit and were not before the executing court as well. The order of attachment was suspended by this Court on 6.11.2007. In the circumstances and in the interest of justice, I deem it appropriate to give an opportunity to the petitioners to raise above said contention before the executing court. Accordingly the revision petition is allowed, the impugned order is set aside and the Executing Court shall pass appropriate orders, in accordance with law, after hearing the parties on the aforesaid aspect. The petitioners are granted three weeks’ time to file their objections from today and the Executing Court shall pass orders within two months thereafter. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 8.7.2010 KR