THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.44 of 2009 ORDER: The petitioner, who is judgment debtor No.5, filed this revision under Section 115 C.P.C, inter alia seeking to assail the order of attachment passed by the learned X Junior Civil Judge, City Civil Court, Hyderabad in E.P.No.188 of 2004 in O.S.No.6790 of 1999, dated 19.12.2008, in pursuance of the decree passed in the said suit filed for recovery of money. The case of the petitioner is that judgment debtor No.1 has already discharged the entire decretal amount and therefore, the question of attachment of his movable property does not arise and that the Court below has not taken into consideration the said aspect. The petitioner also filed an application for reopening the matter to adduce evidence on his behalf, but the same is still pending. This Court, on 20.02.2009, granted interim stay on condition of the petitioner depositing 1/3rd of the decretal amount along with proportionate costs and that the said order was complied with. Taking note of the same and especially, in view of the fact that the petitioner is judgment debtor No.5, it is his plea that judgment debtor No.1 has already discharged the entire liability and the other application filed by him is pending, it is desirable to held that an enquiry has to be conducted to go into all these aspects. In the circumstances, the order of attachment is suspended till disposal of the E.P. Therefore, the lower Court is directed to consider all these aspects and dispose of the main E.P. by passing appropriate orders in accordance with law. Accordingly, the Civil Revision Petition is disposed of. It is needless to mention that the respondent-decree holder is permitted to withdraw the amount so deposited without furnishing any security. No order as to costs. __________________ B.PRAKASH RAO, J Date:24.12.2010. sj