IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRDESH:: HYDERABAD WEDNESDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSANDAND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.2144 OF 2006 Between: Yelakanti Srinvasulu …Petitioner A n d Aitha Chandraiah and others …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.2144 of 2006 ORDER: This civil revision petition is directed against the order dated 30.01.2006 in C.F.R.No.4032 of 2005 in unnumbered EP of 2006 in O.S.No.25 of 1999, on the file of the Junior Civil Judge, Nandyal. 2. Heard the learned counsel for the petitioner. None appeared for the respondents, though served with notices. Perused the record. 3. The petitioner obtained a decree against the 1st respondent in O.S.No.25 of 1999 for recovery of an amount due. Subsequently, he filed EP seeking realization of the amount in a sum of Rs.17,084-50 Ps by attaching the property of the 1st respondent in the hands of respondents 2 and 3. According to the petitioner, the 1st respondent sold part of his property to one Dudekula Chinna Siddaiah under a registered sale deed dated 14.03.2005 and gifted away the remaining property to his grand children respondents 2 and 3 under a registered gift deed dated 14.03.2005, all subsequent to the decree with a view to defeat the decree. The learned Junior Civil Judge dismissed the EP on the ground that respondents 2 and 3 are not parties to the decree. 4. The contention of the petitioner/decree holder is that respondents 2 and 3 are the universal donees and they are liable to discharge the decree debt under Section 128 of the of the Transfer of Property Act as they have succeeded to the property of the 1st respondent. The question as to whether or not respondents 2 and 3 are liable for discharging the debt is a matter to be considered in the EP after issuing notice to them. The dismissal of the EP itself on the ground that respondents 2 and 3 are not parties to the decree is unsustainable. The impugned order is, therefore, set aside and the execution court is directed to number the EP if it is otherwise in order and issue notice to the respondents and thereafter pass appropriate orders in the EP. 5. In the result, the civil revision petition is allowed accordingly. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 17th August, 2011 Lrkm.