THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4814 of 2010 Dated:03.12.2010 Between: Smt.K.Kousalya Bai. ...Petitioner And Subramanyam @ Mani, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4814 of 2010 ORDER: The petitioner is the judgment debtor in O.E.P.No.136 of 2008 on the file of the Court of the Principal Junior Civil Judge, Madanapalle. The first respondent filed the said execution petition under Order XXI Rules 54, 64 to 66 of the Code of Civil Procedure, 1908, for attachment and sale of the E.P schedule property to realize the decretal amount in O.S.No.447 of 2003. The petitioner opposed the E.P on two grounds. First, she contended that she has no means to pay the decretal amount, and secondly, she alleged that she is not the absolute owner of the petition schedule property. Both the contentions were rejected by the Court below, and the E.P was ordered directing attachment of the property. In this Civil Revision Petition the Counsel for the petitioner contends that the property attached is a joint family property of the petitioner’s late husband, and therefore, the petitioner along with her two sons and two daughters has only share. He further contends that when there are other judgment debtors, attaching the property of the petitioner and proceeding against the petitioner alone is in error apparent on the face of the record. The Court below after appreciating the evidence recorded a finding that the petitioner has exclusive right over the northern portion of the E.P schedule property. This finding is unassailable. Secondly, as rightly observed by the Court below, when there are more than one judgment debtor, it is for the decree holder to proceed against any one of them, and is not bound by the dictates of the judgment debtors. A finding of fact was recorded after appreciating the evidence, and therefore, no interference is called for in this revision. The Civil Revision Petition is, therefore, dismissed. _______________ (V.V.S.RAO, J) 03.12.2010 vs