THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.1420 of 2007 ORDER: The petitioner, who is the decree holder and plaintiff No.1, filed this revision under Article 227 of the Constitution of India, inter alia, assailing the order dated 22.12.2006 passed by I Additional Senior Civil Judge, Guntur allowing E.A.No.565 of 1989 in E.P.No.50 of 1986 in O.S.No.434 of 1981 filed by the first respondent herein under Section 151 CPC for filing a memo having regard to certain circumstances and based upon an agreement to which the petitioner herein is also stated to be a party. Though the petitioner herein denied the execution of the agreement, the Court below straight away allowed the application, which resulted in dismissal of the suit against him. Hence, this revision petition. Having heard the learned counsel for the petitioner and on perusal of the impugned order, the procedure adopted by the Court below in straight away accepting the memo filed by the first respondent herein allowing the Interlocutory Application is not permissible, especially when he is not a party to the agreement nor there is anything to show that he has accepted the same. Further, the Execution Petition is required to be enquired into on merits and dispose of finally. In the circumstances, the impugned order is set aside and the matter is remitted back to the Court below for fresh disposal of the main E.P. itself on merits in accordance with law, after providing opportunity to both the parties. It is also made clear that the present application filed for permitting to file a memo by the first respondent herein should be considered at the time of final disposal of the main E.P. The Civil Revision Petition is accordingly allowed. There shall be no order as to costs. B.PRAKASH RAO, J Date: 24.06.2010 va