HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.3371 OF 2008 DATE:04-02-2011 BETWEEN Bandaru Durga Rao …Petitioner AND Bandaru Mutyalu (died) per L.Rs. & others …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.3371 OF 2008 ORDER: Petitioner-decree holder filed this revision to revise the orders of the executing Court passed in E.A.No.946 of 2005 in E.P.No.40 of 2003 in O.S.No.1098 of 1998, whereby the petition filed by the decree holder to implead the third party as judgment debtor No.5 in the E.P. has been dismissed. Petitioner-decree holder obtained a decree for permanent injunction against the judgment debtors restraining them from obstructing him from using some pathway i.e. item No.1 of the suit schedule property and also from interfering with his possession and enjoyment over item No.2 of the schedule property. After decreeing the suit, the judgment debtors sold away the said property to the third party, who is now sought to be impleaded in the E.P. Since there is no averment that the third party, who purchased the property was also obstructing the petitioner-decree holder from using the pathway or interfering with his possession and enjoyment over item No.2 of the schedule property, on mere obtaining the decree, he cannot implead the subsequent purchaser to the E.P. proceedings. Therefore, the impugned order passed by the lower Court does not suffer from any illegality warranting interference by this Court. The revision is accordingly dismissed. No costs. _______________ A. GOPAL REDDY, J. FEBRUARY 04, 2011 Tsr.