HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.5557 of 2009 ORDER: This revision is filed against the order in E.A.No.20 of 2009 in E.P.No.43 of 2008 in O.P.No.6016 of 1991, on the file of the Senior Civil Judge, Nandikotkur. The revision petitioner is decree holder and obtained an Award for enhanced compensation and seems to have attached the money lying to the credit of the O.Ps, on the file of the Principal Senior Civil Judge, Kurnool. The said E.A. was filed to send for those amounts. The lower Court dismissed the application on the finding that the endorsement of the Principal Senior Civil Judge, Kurnool shows that no amounts are available. As can be seen from the contention of the revision petitioner, the Court should have decided, first, as to whether there was attachment and if there was valid attachment subsisting, under what circumstances the said amounts were paid and without making an enquiry, the dismissal of the application on the ground of money being not available, is not correct. Evidently, if an attachment was effected and was in force, the amount should not have been paid, unless the claim of the decree- holder, who is the revision petitioner, is decided. Therefore, without making any enquiry into those aspects and without deciding whether there was valid attachment or not, merely on the endorsement of the Court that amount is not available, the dismissal of the application is not legal. Therefore, the order of the lower Court is set aside and the matter is remanded to the lower Court to consider as to whether there was any valid attachment of the amounts and whether any amount is liable to be sent for, after satisfying the decrees of others and the reasons as to why the amount was not withheld as per the orders of the Court. It is also further made clear that pending enquiry into the above aspects, the decree-holder can also take simultaneous execution proceedings for the realisation of the amounts, without prejudice to his rights. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO 18TH FEBRUARY, 2011 VJL