HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.4411 of 2011 Date : 21.10.2011 Between : A. Appa Rao & another. …..Petitioners And Narender Sing Atwal & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.4411 of 2011 ORDER : This civil revision petition is filed under Section 115 CPC, aggrieved by the order, dated 12.09.2011, passed by the learned Senior Civil Judge, Jangaon in E.A. (SR).No.1834 of 2011 in E.P.No.18 of 2011 in O.S.No.1499 of 1993. The petitioners are plaintiffs in the suit in O.S.No.1499 of 1993 on the file of the learned V Senior Civil Judge, City Civil Court, Hyderabad, which was filed for recovery of money against respondents 1 to 4 herein. When the said suit was decreed, to execute the decree, petitioners have filed E.P.No.18 of 2004 in the court of the learned Senior Civil Judge, Jangaon, alleging that certain properties of judgment debtors are situated in the jurisdiction of the learned Senior Civil Judge, Jangaon. It appears, in the said E.P. proceedings, orders of attachment are passed, and thereafter, claim petitions were filed by some third parties alleging that they are holders of agreements in their favour, in respect of the suit schedule property. The third parties also filed separate suit in O.S.No.4 of 2006 on the file of the learned Senior Civil Judge, Jangaon, seeking specific performance of agreement of sale in respect of the land, which is attached in E.P.No.18 of 2004. When the said suit was decreed, the defendant therein has filed appeal in A.S.No.297 of 2008, which is pending before this Court. In the said appeal, by way of interim order in A.S.M.P.No.719 of 2008, this Court suspended the judgment and decree dated 18.03.2008, passed by the learned Senior Civil Judge, Jangaon in O.S.No.4 of 2006. During the pendency of the proceedings, there was a settlement between the parties to the suit in O.S.No.1499 of 1993. When a Memo was filed in E.P.No.18 of 2004 under Rule 109(2) of the Civil Rules of Practice to record the full satisfaction, the learned Senior Civil Judge, Jangaon has passed the order to the following effect : “Returned as there is orders of stay of proceedings in EP.18/04 in OS.1499/93 on the file of CCC by the Hon’ble High Court in AS.297/08 as per the list of stayed matters communicated by the Hon’ble High Court vide ROC.No.2902/OPCell/E/11, dated 14/7/11 and no orders can be passed on this petition.” It is submitted by the learned counsel for petitioners that there are no interim orders, staying the proceedings in E.P.No.18 of 2004, as much as A.S.No.297 of 2008 is filed only against the judgment and decree passed in O.S.No.4 of 2006 on the file of the learned Senior Civil Judge, Jangaon. In the said appeal, only the judgment and decree passed in O.S.No.4 of 2006 is suspended and there are no other interim orders. I have called for the bundle in A.S.No.297 of 2008 so as to verify whether any interim orders are there, staying the proceedings in E.P.No.18 of 2004. A perusal of the docket proceedings show that there are no such orders as recorded by the lower Court in the order, dated 12.09.2011. Even the learned counsel appearing for respondents also submits that there are no such interim orders as recorded by the trial Court. As much as the suit is for recovery of money and the settlement is on paying the amount of Rs.23,10,000/-, there cannot be any reason for not recording the full satisfaction of decretal amount as per the memo, dated 12.09.2011. In that view of the matter, the order, dated 12.09.2011, is set aside with a direction to the learned Senior Civil Judge, Jangaon, to consider the matter afresh and take appropriate steps on the memo filed by the parties on 12.09.2011. Revision petition is allowed with the directions as indicated above. No order as to costs. ______________________ R. SUBHASH REDDY, J 21st October 2011 ajr