IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.4381 OF 2006 Between : Ch.Venkateswara Rao ...PETITIONER A N D Indian Bank and another …RESPONDENTS THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.4381 OF 2006 ORDER: The petitioner-judgment debtor No.2 filed this revision under Section 115 of the Code of Civil Procedure, 1908 (for short ‘C.P.C’.) seeking to assail the order dated 26.07.2006 in E.P.No.464 of 2002 in O.S.No.313 of 1999 on the file of the I Additional Junior Civil Judge, Tanuku, in allowing the E.P. filed under Order XXI Rules 64 to 66 C.P.C. Admittedly, the petitioner-Judgment debtor No.2 is the surety and according to him, there are properties belonging to the principle Judgment debtor. Several grounds have been raised as to the identity of the property. No other reason has been pointed out as to why the properties which have been stated cannot be proceeded against the civil disputes as to the identify and extent of liability which can be imposed, the very execution cannot be either allowed or proceeded with. Since the petitioner has already deposited a sum of Rs.5,000/- in terms of the interim order dated 08.09.2006 passed by this Court in CRPMP.No.6081 of 2006, the order of the Court below to the extent of the stay, which is being sought to be interdicted, namely as on 26.07.2006, is set aside. The Court below shall enquire into all these questions and it is only after giving due finding thereof about the sustainability of the execution itself, it shall proceed with further. Subject to the above, the Civil Revision Petition is allowed. No costs. The amount deposited by the petitioner as stated above is permitted to be withdrawn by the respondents without furnishing any security. _____________________ B.PRAKASH RAO, J JUNE 17, 2010 YVL/RRB