THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2927 OF 2010 ORDER: The petitioners filed this revision under Section 115 of the Code of Civil Procedure, 1908 {“CPC” for brevity}, inter alia, seeking to assail the correctness of the order dated 16.04.2007 passed in EA.SR.No.26479 of 2006 in E.P.No.7 of 2001 on the file of the Chief Judge, City Civil Courts, Hyderabad, in rejecting the application filed under Order XXI Rule 19 read with Section 151 CPC seeking direction to the decree holder to restitute the judgment debtors of an amount of Rs.26,33,231/- together with interest at 15% per annum with effect from 04.06.2003. The only question raised in this revision is as to the maintainability of the application filed by the petitioners. Learned counsel for the petitioners placed reliance on the judgment reported in Gopalkrishna Kammath v. R.Bhaskar Rao[1], which followed the principles laid down in M.P. Shreevastava v. Mrs. Veena[2]. In view of the principles as enunciated, necessarily, all these aspects have to be gone into and disposed of on merits in accordance with law after giving notice and opportunity to both the sides. Accordingly, the Civil Revision Petition is allowed and the order dated 16.04.2007 in EA.SR.No.26479 of 2006 is set aside. The matter is remanded to the Court below fresh disposal on merits in accordance with law. The Court below shall expedite the disposal of the appeal. No costs. _________________ (B.PRAKASH RAO, J) 10th March 2011 RRB [1] AIR 1989 Kerala 251 [2] AIR 1967 SC 1193 (at page 1195)