IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE TWENTY FIRST (21st) DAY OF FEBRUARY, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.6527 of 2006 Between: Jonnalagadda Nagaraju … Petitioner And: Namala Venkatamma (Died) & others … Respondents THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.6527 of 2006 ORDER: This revision is directed against the order dated 21.11.2006 in EA No.974 of 2006 in EP No.174 of 2003 in OS No.122 of 1993 on the file of the Principal Senior Civil Judge, Nandyal, wherein the said application filed by the respondents herein for amendment of the E.P. schedule, was allowed. 2. Heard both sides. Perused the record. 3. The respondents 1 to 3 herein filed EP No.174 of 2003 for execution of the decree in OS No.122 of 1993 by bringing the attached property for sale. The petitioner herein, who is a third party, filed claim application in respect of the same property in EA No.101 of 2004. While the said claim application is pending, the respondents 1 to 3 herein-decree-holders filed the present EA No.974 of 2006 for amendment of the E.P. schedule by showing the house number of the schedule property as ‘H.No.28/1689-A’ instead of ‘28/1689-B’. Admittedly, no notice of the application was served on the petitioner/third party claimant. The trial Court allowed the said application by cryptic order - “heard allowed”. No reasons are mentioned and no finding is recorded and such an order, which is not speaking order, and is bereft of any reasoning, cannot be sustained, especially in an application filed for amendment of the schedule. Further, the impugned order, having been passed, without notice to the petitioner, is unsustainable on that ground alone. 4. In the circumstances, the impugned order is set aside and the matter is remitted to the execution Court for fresh disposal of EA No.974 of 2006 in accordance with law, after issuing notice to all the parties and opportunity to file counter and hearing. 5. In the result, the civil revision petition is disposed of with the above direction. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 21.02.2011 bss