THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CRP No. 3442 of 2007 AND CRP No. 3547 of 2007 Date of Judgment: 24.3.2011 Between: B.Suresh Kumar and another …Petitioners and M.V. Subramanya Sastry ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CRP No. 3442 of 2007 AND CRP No. 3547 of 2007 COMMON ORDER: These two revision petitions arise out of successive orders passed by the court below in EP No. 110 of 2000. While the order dated 27.7.2007 in EA No. 376 of 2007 is subject matter of CRP No. 3442 of 2007, the order of the executing court dated 28.6.2007 in EP No. 110 of 2000 is subject matter of CRP No. 3547 of 2007. Heard both learned counsel on either side. The petitioners herein are judgment debtors whose movables were attached and kept in their house as custodians. The respondent-decree holder sought recovery of the amounts by selling the attached articles. EA No. 376 of 2007 was, therefore, filed seeking orders of the executing court to break open the lock of judgment debtors’ house in order to secure the attached articles through the bailiff of the court. The Court below under the impugned order dated 27.7.2007 appears to have waited for the petitioners to file counter and ultimately passed orders directing the bailiff to execute the warrant by breaking open the locks, if found necessary. The learned counsel for the petitioners primarily contends that the court below ought not to have passed the said order straightaway without giving notice to the petitioners/judgment debtors as required under Order 21, Rule 43 of the Civil Procedure Code and without following the procedure thereof. So far as the other impugned order dated 28.6.2007 directing proclamation of sale and publication in newspapers is concerned, the learned counsel says that even before securing the attached articles, the sale cannot be ordered. This Court under interim directions dated 3.8.2007 and 15.3.2010 in CRP No. 3442 of 2007 had directed the petitioners to deposit Rs.10,000/- initially and further Rs.30,000/- thereafter. The learned counsel for the respondent No.1 disputes the deposits said to have been made by the petitioners, as, according to him, no such compliance is recorded. The learned counsel for the petitioners has, however, produced a challen copy bearing No. 5829, dated 24.8.2007 showing deposit of Rs.10,000/- to the credit of EP No. 110 of 2000 and fairly submits that the order as to deposit of further amount of Rs.30,000/- was not complied with. Since the only objection of the petitioners is that they were not given notice before ordering breaking open of the locks, I am of the view that the controversy can be resolved by setting aside the impugned order in EA No. 376 of 2007 dated 27.7.2007 and directing the court below to issue appropriate warrant to the bailiff to take custody of the attached articles from the petitioners’ custody on 25th April, 2011. The petitioners’ counsel who has already taken notice of the aforesaid date, shall accordingly inform the petitioners to ensure that the attached goods are handed over to the bailiff of the court below on the date so fixed. The bailiff of the court below thereafter shall get the attached articles to the court below or to the person authorized by the court below to hold the attached articles and thereafter the executing court shall proceed to take further steps for realisation of the decretal amount by proceeding against the attached articles in accordance with law. In view of the aforesaid directions, the impugned order dated 28.6.2007 ordering proclamation of sale shall also stand set aside and the executing court shall be at liberty to pass appropriate orders on the execution petition after receipt of the attached articles through the bailiff. The amounts said to have been deposited by the petitioners can be withdrawn by the respondent-decree holder without furnishing security and such withdrawal shall be given credit to by the executing court while executing the decree. Both the revision petitions are allowed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 24.3.2011 NB: Registry to send a copy of this order to the executing court along with original record within one week. /BO/ KR