THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION No.5827 of 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order dated 08.10.2009 passed in C.F.No.2194 of 2009 in I.A.No.—of 2009 in I.A.No.394 of 2009 in O.S.No.54 of 2007 on the file of the learned V-Additional District Judge, Nellore, whereunder the application filed under Order XXXVIII Rule 5 of C.P.C. seeking attachment of the amount laying with official receiver in the I.P., was dismissed on the ground that the final decree proceedings were not concluded. There is no necessity of going into all the details. Learned counsel for the petitioner submits that the present application is filed after passing of the preliminary decree dated 31.10.2008, and the Court below dismissed the same for the reason that the final decree proceedings are pending. He also submits that after disposal of the present application, the final decree was passed on 01.02.2010 and, therefore, the impugned order may be set aside. In view of the above, the impugned order is set aside and the matter is remanded to the Court below for disposal of the same afresh, on its own merits, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the Civil Revision Petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 29.10.2010 Note: Issue CC in three days B/o v v