HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.1759 OF 2010 DATE:08-07-2011 BETWEEN Ramireddy Nagendram & 2 others …Petitioners AND Chanamala Muthamma …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.1759 OF 2010 ORDER: Petitioners-judgment debtors filed the present revision to revise the order of the executing Court, dated 12.3.2010 passed in E.P.No.95 of 2008 in O.S.No.307 of 1997. Admittedly, the E.P. was filed after two years of the decree and therefore, an enquiry with regard to the same should only be under Rule 22 C.P.C. Since both the parties advanced their arguments thinking that the E.P. is filed at Rule 32 C.P.C. stage, the lower Court by the impugned order ordered for Rule 32 C.P.C. notice to proceed with the E.P. since no tenable objections were raised for filing the E.P. two years after the decree. The decree obtained by the respondent-decree holder is for injunction. Whereas, the petitioners-judgment debtors contested the same contending that in O.S.No.20 of 1997 filed for partition, a final decree has been passed allotting the properties to the judgment debtors and that they are in possession of their respective shares allotted as per the final decree and therefore, the same should be subject-matter of enquiry under Rule 32 C.P.C. Under those circumstances, no infirmity is discernable with the impugned order passed by the executing Court. The revision fails and the same is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. JULY 08, 2011 Tsr.