THE HONOURABLE SRI JUSTICE B.PRAKASH RAO Dated 22nd July, 2010 C.R.P.No.6493 of 2005 Between: Ede Krishna Mohan Rao …Petitioner And Bitra Uma Maheswara Rao & Ors …Respondents THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.6493 of 2005 ORDER: Heard both sides. The petitioner herein who was a respondent in the Court below in the execution led by the respondent No.1, the decree holder raised an objection as to the very identity of he being the Judgment-debtor as such. Therefore, he claimed that leaving aside the original Judgment-debtor, just because there is some similarity in the name he is being sought to proceed. In spite of such serious objection, the Court below rejected the same. Hence the revision. Having heard the counsel and on perusal of the material on record, it is seen that even though such specific objection as to very identity is pleaded, the Court below has rejected without conducting any enquiry. In fact, normally such request has to be acceded by allowing both sides to lead proper evidence and establish the correct identity of the person rather than merely going on the affidavits or even verify the pleadings. In the circumstances the revision is allowed and the matter is remitted back to the Court below to dispose of the same on merits in accordance with law, after giving opportunity of both the parties to produce necessary evidence, both oral and documentary. No costs. __________________ B.PRAKASH RAO,J Date: 22-07-2010 Grk THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.6493 of 2005 Dated:22 -07-2010