THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4981 of 2011 November 25, 2011 Between: Vallabasetty Ramana, S/o.Subbayya And another … Petitioners AND Tanikki Venkata Lakshmi, W/o.Muniyya … Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4981 of 2011 ORDER: The respondent obtained a money decree in O.S.No.778 of 2009 for an amount of Rs.73,000/-. He ﬁled E.P.No.121 of 2010 for execution of the decree by attachment and sale of a house bearing door No.3-263 constructed in an extent of 136 Sq.yards in Kapavaram Village of Korukonda Mandal in East Godavari District. The petitioners are husband and wife. They ﬁled counter aﬃdavit. They opposed the attachment and sale alleging that the suit schedule property (house site) was assigned to Judgment Debtor (J.Dr) No.1 on 27.3.1990 and, therefore, the attachment and sale is prohibited. After conducting enquiry, the Court of IV Additional Junior Civil Judge, Rajahmundry rejected the plea of petitioners and allowed the E.P. directing the decree holder to ﬁle market value certiﬁcate, sale papers and encumbrance certiﬁcate. This order of the lower Court dated 04.2.2011 is under challenge in this civil revision petition. The petitioners speciﬁcally alleged that the suit schedule property cannot be attached and sold in execution of the decree. Therefore the burden is on them to prove the same. Curiously except ﬁling photocopies of the documents, they did not adduce any evidence. The J.Dr did not even oﬀer himself to come as a witness. Therefore the Court below had no other go except to order the E.P. While doing so, the Court below has also considered the two authorities cited by the J.Dr and, having found that the petitioners failed to adduce any evidence allowed, the E.P. The Counsel for the petitioners does not seriously dispute that the petitioners did not adduce any evidence except ﬁling photocopies of the documents. Therefore this Court does not ﬁnd any reason to interfere with the order of the Court below. The civil revision petition is, therefore, dismissed. _______________ (V.V.S.RAO, J) November 25, 2011 YS