THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.13 OF 2011 DATED:22-02-2011 Between: Mohd.Shafi & 2 others. .... PETITIONERS And Shaik Nazeema @ Nazeem & 4 others. .... RESPONDENTs ORDER: This Civil Revision Petition is directed against the order, dated 30-12-2010 in E.P.No.8 of 2010 in O.S.No.417 of 2008 on the file of the learned III Additional Chief Judge, City Civil Court, Hyderabad, wherein the Execution Court has set the judgment-debtors 1 to 7 ex parte and allowed the petition and directed issuance of warrant of delivery of the schedule property reportable by 24-01-2011. 2. Heard learned counsel for the petitioners-judgment- debtors 1 to 3. None appeared for the respondents. Perused the records. 3. Petitioners are judgment-debtors 1 to 3. 1st respondent herein filed E.P.No.8 of 2010 for execution of the decree; for evicting the judgment-debtors and for delivery of vacant possession of the E.P. schedule house property bearing municipal No.8-2-310/A/66 situate at Ibrahimnagar, Hyderabad. 4. As seen from the impugned order, judgment-debtors 1 to 7 refused to receive the summons and hence they were set ex parte and delivery warrant was directed to be issued. 5. Learned counsel for the petitioners-judgment- debtors 1 to 3 submits that there has been no service of notice on the judgment-debtors and there was no occasion for them to refuse the notices. He would further submit that an application is also filed before the Execution Court in E.A.No.8 of 2011 for setting aside the ex parte order and the same is pending. 6. When that is so, the proper course would be for the petitioners to pursue the said E.A. filed before the Execution Court. The Execution Court is therefore directed to dispose of the said E.A.No.8 of 2011 at the first instance before proceeding any further with the E.P. 7. In the result, Civil Revision Petition is disposed of with the above direction. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 22nd February, 2011. Tsy