THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Civil Revision Petition No. 3433 of 2009 Order: This revision is directed against the orders dated 30.06.2009 passed in E.P. No. 91 of 2009 in O.S. No. 160 of 2007 on the file of the III Senior Civil Judge, City Civil Court, Secunderabad. The brief facts of the case are as follows. The first respondent – Chit Fund Company herein is the decree holder. It has filed a suit in O.S. No. 160 of 2007 against the petitioner herein, who is defendant No.4, and other respondents/D1 to D3 and D5. The said suit was decreed on 31.03.2008. Then the first respondent – Chit Fund Company filed E.P. No. 106 of 2008 against the petitioner herein alone and the petitioner had deposited an amount of Rs.1,77,450/- on 23.09.2008. Again the first respondent/Decree Holder filed the present E.P seeking the attachment of the movables of the petitioner/JDr No.4. The lower Court passed the following orders. “Issue fresh delivery warrant with permission to break open lock by 06.08.2009.” Aggrieved by the same, the present CRP is filed. The main submission of the learned counsel for the petitioner is that the Decree Holder, instead of proceeding against the other JDRs, has filed earlier EP and again the present EP against the present petitioner alone and that the JDr Nos.3 and 5 are BSNL employees and the principal debtor is respondent No.2 herein. His further submission is that before passing the impugned order, no notice was issued nor any opportunity was given to the petitioner, and therefore, the same is liable to be set aside. Since it appears that without issuing any notice and giving an opportunity of hearing to the petitioner, the Court below straightaway ordered to break open the lock, the impugned order is liable to be set aside. Accordingly, the CRP is allowed and the impugned order is set aside. The Decree Holder is at liberty to file fresh EP against the judgment debtors, and in such case, the lower Court is directed to proceed with the matter in accordance with law. ___________________ B. CHANDRA KUMAR, J. Date: 04.03.2011 Nsr