THE HON’BLE SRI JUSTICE GODA RAGHURAM C.R.P. No. 5160 of 2010 Dated. 11–02-2011 Between: Kakarla Ramakrishna …Petitioner Vs. Dantuluri Venkata Lakshmi and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM C.R.P.No. 5160 of 2010 ORAL ORDER: Heard Sri J. Sreenivasa Rao, learned counsel for the petitioner and Sri A. Gopala Krishnamacharyulu, learned counsel for the respondent Nos. 1 and 2. This revision under Article 227 of the Constitution of India is by a third party to O.S.No.18 of 2006 on the file of the learned Principal Junior Civil Judge, Peddapuram. He purchased a property from the 1st defendant, who is the 3rd respondent herein. The 1st respondent herein is the plaintiff in O.S.No. 18 of 2006 and the suit was decreed on 28-08-2008 granting a permanent injunction against the defendants therein (respondent Nos. 3 and 4 herein) and their men from ever interfering with the construction of the compound wall by the plaintiff, the 1st respondent herein. E.P.No. 254 of 2008 is filed by the 1st respondent herein – decree holder – alleging interference inter alia by the revision petitioner and respondent Nos. 3 and 4 herein (judgment debtors) with the construction of a compound wall by him in transgression of the judgment in O.S.No. 18 of 2006 alleging that under the guise of ownership of a neighboring property purchased by the revision petitioner from the 3rd respondent, he is interfering with the construction of compound wall by the decree-holder. In this revision, it is asserted that since he is not a party to the suit, no execution petition can be filed against him. The learned counsel for the respondent No.1/decree holder states that since the revision petitioner purchased the property from the 1st defendant, as a representative of the 1st defendant he is bound by the decree in O.S.No. 18 of 2006 and he cannot violate the decree of permanent injunction granted. Since the revision petitioner questions the very maintainability of execution petition against him, who is not a party to the suit, this revision petition is disposed of directing the learned Principal Junior Civil Judge, Peddapuram, to decide the maintainability of the execution petition against the revision petitioner herein as a preliminary issue before proceeding with the adjudication of the execution petition. The revision petition is disposed of accordingly. In the circumstances there shall be no order as to costs. __________________________ JUSTICE GODA RAGHURAM Dated: 11-02-2011 Pvks/*