HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISON PETITION No. 5779 OF 2009 Thursday, the Twenty Third Day of December, Two Thousand and Ten Between Pitta Santha Kumari Petitioner AND Paravada Pentayyadora Respondent ORAL ORDER: The petitioner is judgment debtor. The respondent obtained exparte decree for recovery of money and filed E.P. No.31 of 2008 and got attached the salary of the petitioner herein. It is stated that the petitioner filed an application to set aside the exparte decree and pending the said application, the petitioner also filed EA No. 100 of 2008 in EP No. 31 of 2008 in OS No. 93 of 2004 on the file of the Senior Civil Judge, Narsipatnam under Order 21 Rule 26 CPC seeking to stay further proceedings in the E.P. till disposal of the application filed by him to set aside the exparte decree dated 6.7.2006 in the said suit. Counter had been filed by the respondent in the said E.A. The court below by the impugned order, which reads as under “…This is a petition filed under Order 21 Rule 26 read with Sec. 151 CPC on behalf of petitioner/J.D.R. to stay all further proceedings in the above E.P. till the disposal of set exparte decree dated 6.7.2006 set aside petition that tiled I the above suit O.S. No. 93/2004…” has neither dismissed nor allowed the application. The order does not give any meaning whether it is dismissed or allowed. But, however, the decreetal order says that the petition is closed, as E.P. is closed. It is the case of the petitioner that the E.P. is not closed, as the salary has been attached. Even according to the respondent, four months salary has been attached and the entire decreetal amount is not recovered in four months and, therefore, it cannot be said that the said E.P. is closed. I am not inclined to express any opinion on the contentions raised by either side, as admittedly, the impugned order is passed without assigning any reason and without considering any of the averments made either by the petitioner or by the respondent. Accordingly, Civil Revisoin Petition is allowed and the impugned order is set aside and the matter is remitted back to the court below to reconsider afresh after hearing both the parties and pass appropriate orders in accordance with law. ___________________ Justice V.Eswaraiah December 23, 2010 MAS