THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.2768 of 2010 DT.5.8.2011 Between: Vemula Krishnaiah s/o Yelamanda … Petitioner And Vuppatala Venkateswarlu s/o Veera Venkateswarlu … Respondent Counsel for the Petitioner: Sri K.V.R.Krishna Sharma Counsel for respondent: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 2768 of 2010 O R D E R: Heard the learned counsel for the petitioner. This revision is filed by the decree-holder against the orders dated 23- 10-2009 passed in E.A.No.606 of 2009 in E.P.No.9 of 2004 in O.S.No.1489 of 1994, on the file of I Additional Junior Civil Judge, Guntur. It is stated that the suit filed by the petitioner in O.S.No.1489 of 1994 on the file of the I Additional Junior Civil Judge, Guntur for recovery of money from the respondent was decreed on 18-6-1996. As the decretal amount was not paid, the petitioner filed E.P.No.9 of 2004 for attachment of immovable property of the respondent and the same was allowed. During the pendency of the E.P proceedings, the respondent deposited Rs.53,070/- towards full satisfaction of the E.P amount and to withdraw the said amount the petitioner filed petition in E.A.No.606 of 2009 to issue a cheque for the said amount. While ordering the said application, the Court below imposed the condition directing the petitioner to submit security either personal or third party along with bond and also the certified copy of the sale deed or any other document having title in the interest as per rules, and on compliance of such condition, the said cheque was directed to be issued. Having regard to the circumstances stated above, the order passed by the Court below is without any justification. Only what could have been verified is whether the petitioner is the same person or not, and for that, the identity of the petitioner alone is required to be verified through his counsel and except that the Court below ought not have imposed any conditions. The revision is accordingly allowed. The conditions imposed by the Court below by order dated 23-10-2009 in E.A.No.606 of 2009 in E.P.No.9 of 2004 in O.S.No.1489 of 1994 are set aside. No costs. ______________ V. ESWARAIAH,J DATE: 5.8.2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. DATE: 5.8.2011