THE HON’BLE THE ACTING CHIEF JUSTICE SRI B.PRAKASH RAO CIVIL REVISION PETITION NO.4940 OF 2006 ORDER: The petitioner-third party filed this revision Under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 25.09.2006 in E.P.No.172 of 2005 in O.S.No.970 of 1997 on the file of the V Senior Civil Judge, City Civil Court, Hyderabad, in ordering to attach the property of the petitioner as per the E.P. Schedule, put it to sale and out of the sale proceeds, EP amount may be paid to the decree holder. There is no dispute to the fact of obtaining decree by the first respondent. However, on perusal of the record, it is seen that the second respondent is the Convenor, EAMCET, Andhra University, College of Engineering, Visakhapatnam and respondents 3 and 4 are the Chief Post Master, A.P. Circle, Hyderabad and Post Master, Vijaynagar Post Office, Vijaynagar Colony, Hyderabad, respectively. The petitioner-University is not made a party at all. The grievance of the petitioner is to the effect that the first respondent obtained a decree against the Convenor and the petitioner, not being a party, nor there being any decree against it as such, the question of such execution is wholly unsustainable. Learned counsel for the respondent submitted that the Convenor is none other than the Professor of the University and the decree has been rightly granted and hence, execution can be proceeded against the petitioner. Considering the submissions made on either side and on perusal of the material available on record, it is seen that the objection, as to whether the petitioner can be proceeded against or not, necessarily has to be gone into. The petitioner has not approached the Court below by filing appropriate application. Hence, it is felt desirable that the matter can be sent back for proper enquiry by providing opportunity to the petitioner. Accordingly, the Civil Revision Petition is allowed and the matter is remanded to the Court below for fresh disposal. The petitioner is at liberty to file necessary objections and the same shall be gone into by the Court below after giving notice and opportunity to both the sides. No costs. ____________________ (B.PRAKASH RAO, HACJ) 18th November 2010 RRB