IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Revision Petition No.1656 of 2011 Between: Mohd. Ghulam Hussain .. Petitioner AND M/s. Shriram Chits Private Limited, Wanaparthy Branch, represented by its Branch Manager and 4 others .. Respondents ORDER: Heard Sri Mohd. Ghulam Rasool, learned counsel for the revision petitioner and Sri Kuncham Maheswara Rao, learned counsel for the 1st respondent-decree holder. Though respondents-2 to 5 were not served with the notice of the revision, they are only co-judgment debtors along with the revision petitioner and for determination of this Revision Petition, their presence need not be awaited as their rights and interests are no way prejudiced by any order passed herein. In C.R.P.No.83 of 2011, a learned Judge of this Court passed an order on 24-01-2011 granting interim stay of further proceedings in E.P.No.117 of 2010 in O.S.No.49 of 2008 on the file of the Court of Senior Civil Judge, Wanaparthy, Mahabubnagar District, subject to the revision petitioner depositing Rs.1,00,000/- (Rupees one lakh only) within a period of 4 weeks, on which deposit the decree holder was permitted to withdraw the same. When that order was not complied with, the Executing Court passed the impugned order stating that a warrant of attachment be issued against the movables of the judgment debtors 1 to 5. That order was challenged herein on the ground of a petition to set aside the ex parte decree dated 30-08-2008 being pending in I.A.No.575 of 2010 and further on the ground of the 3rd judgment debtor having made substantial payments after the conditional order dated 04-01-2011 and further on the ground of the decree holder withholding Rs.85,085/- at the time of releasing the chit amount by keeping the same as a fixed deposit. Sri Mohd. Ghulam Rasool, learned counsel for the revision petitioner filed a memo during hearing today along with the certificate issued by the UCO Bank, Wanaparthy Branch about the 3rd judgment debtor depositing Rs.90,000/- by way of four Demand Drafts in favour of the decree holder, which were encashed by the decree holder on 02-05-2011 and the learned counsel also referred to an earlier payment of Rs.10,000/-, which was made to the decree holder. Though belatedly, the direction of this Court in C.R.P.No.83 of 2011 was thus claimed to have been complied with. As an application to set aside the ex parte decree itself is admittedly pending before the trial Court along with a petition for condonation of delay in filing such a petition, interests of justice would be better served by directing the trial/Executing Court to decide all the interlocutory applications on merits before proceeding further with the execution in E.P.No.117 of 2010 for realisation of the balance of the decree debt. In view of demonstration of bona fides by the 3rd judgment debtor, who is only a guarantor but not the principal debtor, by making substantial payments, the 3rd judgment debtor/revision petitioner may deserve to be given a reasonable opportunity of defending himself both against the judgment and decree and also the execution. Appropriate directions towards that end should, therefore, be given herein, though the order directing issuance of warrant of attachment of movables for non-compliance with the earlier directions of this Court is not otherwise incorrect or illegal. Therefore, the Court of Senior Civil Judge, Wanaparthy, is directed to dispose of the petitions to condone the delay in setting aside the ex parte decree and to set aside the ex parte decree in O.S.No.49 of 2008 on its file on merits in accordance with law after giving every reasonable opportunity of hearing to both parties within sixty (60) days from the date of receipt of a copy of this order. In the meanwhile, no further steps in aid of execution in pursuance of the attachment of movables of the judgment debtors 1 to 5 already effected should be ordered in E.P.No.117 of 2010 on the file of the said Court. The Civil Revision Petition is ordered accordingly without costs. _____________________ G. BHAVANI PRASAD, J Date: 04-08-2011 Ksn