IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE TWENTIETH DAY OF NOVEMBER, TWO THOUSAND NINE CIVIL REVISION PETITION No.5314 of 2009 Between: Palla Appa Rao & another. … Petitioners And V. Chitti Babu & another. … Respondents Counsel for the petitioners : Sri E.V. Bhagiratha Rao This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITON No.5314 of 2009 ORDER:- This Civil Revision Petition is filed against order dated 12.08.2009 in E.A.No.243 of 2002 in E.P.No.88 of 2002 in O.S.No.38 of 1993 on the file of the Principal Junior Civil Judge, Narasipatnam. The petitioners are the decree-holders in O.S.No.38 of 1993 on the file of the Principal Junior Civil Judge, Narasipatnam. In order to execute the said decree, the petitioners filed E.P.No.88 of 2002 for sending the respondents to civil prison under Order 21 Rule 37 C.P.C. In the said E.P., the petitioner filed E.A.No.243 of 2002 for sending the respondents either to civil prison or to attach their properties. This E.A. has been dismissed by the Court below by the order, which is questioned in this revision petition. Having carefully considered the order under revision, I do not find any illegality, irregularity or impropriety in the order passed by the Court below. Admittedly, the E.P. filed by the petitioners for execution of the decree by sending the respondents to a civil prison is pending. Therefore, instead of pursuing the said E.P., the petitioners have filed E.A., which was quite unnecessary. The petitioners ought to have pursued the E.P. itself. Therefore, the civil revision petition is dismissed with liberty to the petitioners to pursue the E.P. against respondent No.1 alone since respondent No.2 has died. As a sequel to dismissal of the revision petition, CRPMP.No.7263 of 2009 filed by the petitioners for interim relief is also dismissed. _____________________________ C.V. NAGARJUNA REDDY, J Date: 20.11.2009 ES