HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.995 of 2011 Dated 29th June, 2011 Between: Yerramreddy Chandra Reddy .. PETITIONER/JDR A N D Thumma Kaspa Reddy and another .. RESPONDENTS/DHR This Court made the following: HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION NO.995 of 2011 ORDER: The revision is filed against order in E.A.No.144 of 2010 in E.P.No.56 of 2010 in O.S.No.279 of 2008 on the file of the Junior Civil Judge, Piduguralla, whereunder for execution of the decree police aid was sought for by the decree holder and accordingly E.A.No.144 of 2010 was filed and it was allowed. 2. Learned counsel for the revision petitioner submits that in GOLIKOTA REDDY v. GOLI RAJA GOPALA REDDY AND OTHERS[1], the Court held that no police aid can be granted when an Execution Petition is filed under Order XXI Rule 32 of the Civil Procedure Code. It is also further submitted by him that an application to condone the delay in setting aside the ex parte decree was already allowed and the application to set aside the ex parte decree is pending before the lower Court. It is needless to say that if the ex parte decree is to be set aside the order under revision will not survive for consideration. If the decree is not set aside then the Court has to consider the competency to issue Police aid keeping in view the legal position. But however, the lower Court has not taken into consideration the scope of extending police aid. Therefore, in view of the above circumstances, the order of the lower Court is set aside and the matter is remanded to the lower Court for disposal along with the application to set aside the ex parte decree which is said to be pending and also to decide this application if the ex parte decree is not set aside as to the maintainability and the power of the Court to grant police aid keeping in view of the legal aspects. 3. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs. ___________________________________ JUSTICE N.R.L. NAGESWARA RAO June 29, 2011 Pn HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.995 of 2011 June 29, 2011 Pn [1] AIR 2001 ANDHRA PRADESH 110