HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.3488 OF 2009 DATE:29-07-2011 BETWEEN Vanguru Satyanarayana @ Pamulu …Petitioner AND Mytyala Samrajyam …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.3488 OF 2009 ORDER: This revision is directed against the order of II Additional Junior Civil Judge, Vijayawada, dated 4.5.2009 dismissing E.P.No.162 of 2008 in O.S.No.605 of 2003. For due execution of the decree passed in O.S.No.605 of 2003, the decree holder-petitioner herein filed the above E.P. for sale of petition schedule property. The judgment debtor- respondent herein contested the E.P. stating that the petition schedule property which is sought to be sold does not stand in her name, that her late husband purchased the said property out of his own earnings on 22.1.1960, that during his life time he executed a Will deed on 25.4.2002 bequeathing the E.P. schedule property in favour of his two sons, namely Mutyala Purushotham and Mutyala anga Babu and that on the death of her husband, her both sons succeeded to the said property and therefore, the same cannot be sold for realization of the E.P. amount. Decree holder as P.W.1 during the course of cross-examination admitted that he is aware of the fact that the E.P. schedule property does not stand in the name of the judgment debtor-respondent herein. Further Ex.A.5- encumbrance certificate also does not disclose in whose name the E.P. schedule property actually stands. Furthermore to prove that the E.P. schedule property belongs to the judgment debtor except filing Ex.A.4, the letter issued by the Gram Panchayat of Ramavarappadu showing that the schedule property stands in the name of the judgment debtor, none connected with the said letter has been examined. In view of the same, no illegality is discernable with the impugned order passed by the lower Court dismissing the E.P. The C.R.P. is accordingly dismissed. No costs. _______________ A. GOPAL REDDY, J. JULY 29, 2011 Tsr.