HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No. 5112 of 2010 ORDER: The order under challenge in this revision is that of Senior Civil Judge, Sathupalli, Khammam District, in E.P.No.30 of 2009 in O.S.No.2190 of 2002 dated 16.06.2010. The decree holder filed the said E.P. for realization of Rs.2,40,210/- from judgment debtor No.3 (respondent No.3). The Court below, relying on a judgment of this Court in M.Venkataramanaiah v. Margadarsi Chit Fund Limited, Kadapa[1], held that, in the absence of the principal debtor in the execution proceedings, there was no basis to proceed against only one co-surety and the Execution Petition was liable to be dismissed. Another learned Single Judge of this Court doubted the correctness of the law laid down in M.Venkataramanaiah1, and referred the matter to a Division Bench. A Division Bench of this Court, in CRP.No.2980 of 2009 dated 15.06.2010, overruled the judgment in M.Venkataramanaiah1 and held that, when judgment debtors suffer a joint and several decree, the decree holder was entitled to recover the decreetal amount from all or any of the judgment debtors, and it could not be said that the decree holder was not entitled to file execution proceedings against one or a few of the judgment debtors. The Division Bench held that it is open to the decree holder to proceed against one or a few of the judgment debtors under the decree. Since the very basis of the order of the Court below is the judgment of this Court in M.Venkataramanaiah1 which has since been overruled, the impugned order is set aside, and the matter is remanded to the learned Senior Civil Judge, Sathupalli, Khammam District, to decide E.P.No.30 of 2009 afresh and in accordance with law. The Civil Revision Petition is, accordingly, allowed. RAMESH RANGANATHAN,J Date:29.04.2011 Usd [1] 2009(4) ALD 300 1