THE HON'BLE SRI JUSTICE RAJA ELANGO CIVIL REVISION PETITION No.2340 of 2012 ORDER: This Civil Revision Petition is filed challenging the order dated 28.03.2012 passed by the I Additional Senior Civil Judge, Visakhapatnam, in E.P.No.120 of 2010 in O.S.No.9 of 2009. The respondent/plaintiff filed the suit against the petitioners/defendants for recovery of amount and the same was decreed ex parte. To set aside the said ex parte decree, the defendants filed I.A.No.763 of 2010 in O.S.No.9 of 2009 and notices were ordered in it. To sell the attached property in I.A.No.5 of 2009 in O.S.No.9 of 2009 by way of public auction so as to realise the amount due in the decree passed in the suit, the plaintiff filed E.P.No.120 of 2010 in O.S.No.9 of 2009. The first defendant contested the E.P by filing a counter. The Executing Court held that the contention of the first defendant that the decree was obtained based on a forged document cannot be accepted, and accordingly ordered that the plaintiff is entitled to execute the decree by seeking to sell the E.P schedule property. Aggrieved by the same, the defendants filed this Civil Revision petition. Heard the learned counsel for the petitioners and perused the record. A perusal of the impugned order discloses that the ex parte decree passed in the suit was not set aside and the same is still in force. Furthermore, the E.P schedule was attached prior to the judgment and the said attachment was absolute. In view of the same, the Court below rightly ordered that the decree holder is entitled to execute the decree by seeking to sell the E.P schedule property. Hence, this Court is not inclined to interfere with the impugned order. However, since I.A.No.763 of 2010 filed by the petitioners to set aside the ex parte decree is still pending, this Court is of the view that the Civil Revision Petition can be disposed of the with the following directions: The I Additional Senior Civil Judge, Visakhapatnam is directed to dispose of I.A.No.763 of 2010 in O.S.No.9 of 2009 as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order. The learned Judge is further directed not to proceed with the E.P till the disposal of the said I.A. The Civil Revision Petition is accordingly disposed of. Consequently, the Miscellaneous Petitions filed in this revision, if any, shall stand closed. There shall be no order as to costs. _________________________ JUSTICE RAJA ELANGO Date: 06.06.2012 Note: Furnish CC by Monday B/o va