THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.1403 OF 2011 19.09.2011 Between: Madavarapu Bhadra Rao …Petitioner AND Guthula Veera Venkata Satyanarayana Raju …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.1403 OF 2011 ORDER: The respondent, who obtained decree, filed E.P.No.465 of 2010 for executing decree for a sum of Rs.1,78,738/- by attachment of salary of the petitioner/Judgment Debtor. The Court of Principal Senior Civil Judge, Rajahmundry, issued notice in the said E.P., on 02.02.2011 while issuing an order for attachment of the salary. The said order is assailed in this civil revision petition. This Court while ordering notice before admission on the respondent, having regard to the fact that the petitioner filed an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to set aside ex parte decree in O.S.No.181 of 2010, stayed further proceedings in E.P.No.465 of 2010 on condition of the petitioner depositing Rs.25,000/- by 30.04.2011. The counsel for petitioner submits that so far petitioner’s counsel has not taken out notice to the respondent even after lapse of about five months. Be that as it is, an order was passed under Order XXI Rule 48 of CPC by the Court below. Nothing prevents the petitioner/Judgment Debtor to approach the Court below and move an application for removing the attachment. Now that he has already paid an amount of Rs.25,000/-, this Court is of considered opinion that he should be given liberty to move an application before the Court below. The civil revision petition is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) 19.09.2011 Pln