HON’BLE SRI JUSTICE C.V. RAMULU C.R.P.No. 5872 of 2009 Date: 22-10-2010 Between: Sarabu Visweswara Rao ……….. Petitioner and Duggi Dileep Kumar ………. Respondent HON’BLE SRI JUSTICE C.V. RAMULU C.R.P.No. 5872 of 2009 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, is directed against the docket order, dated 04-09-2008 made in I.A.No.874 of 2006 in O.S.No.431 of 2006 on the file of the Principal Seniior Civil Judge, Nellore, stating “Attachment effects on 6-10-06. Since the suit is decreed, attachment is made absolute and this I.A. is closed.” The petitioner is the JDr and the respondent is the DHr. The respondent laid the suit in O.S.No.431 of 2006 for recovery of money against the petitioner herein. The suit was decreed as prayed for. Since there was an attachment while decreeing the suit in O.S.No.431 of 2006, I.A.No.874 of 2006, filed along with the suit, was also ordered. Aggrieved thereby, the present Revision petition is filed. There is no necessity of going into all the details. When the matter had come up for hearing on 26-03-2010, this Court passed the following order: “After hearing both parties, it came to light that against the judgment and decree dated 04.09.2008 in O.S.No.431 of 2006 on the file of the Principal Senior Civil Judge, Nellore, the petitioner-defendant preferred A.S.No.355 of 2008 before this Court, and this Court, by an order dated 06.12.2008, in A.S.M.P.No.2780 of 2008, granted interim stay of execution of the decree, dated 04.09.2008, in the said suit, on condition of the petitioner depositing half of the decretal amount. In compliance of the said order, the petitioner deposited a sum of Rs.3,20,000/-. The learned counsel for the petitioner-defendant assures that the petitioner is ready to deposit the rest of the decretal amount along with interest, within a period of three weeks from today. Learned counsel for the respondent-plaintiff states that he has no objection for raising attachment, which was made during the pendency of the suit, if the balance of decretal amount is deposited. In view of the above, the petitioner-defendant is directed to deposit the balance of decretal amount, within three (3) weeks from today. Post after three weeks.” Now, the learned counsel for the petitioner states that the order, dated 26-03-2010 is complied with and the amounts are lying to the credit of the suit. In view of the above circumstances, I am of the opinion that the order under revision deserves to be set aside and is accordingly set aside. The Civil Revision Petition is, accordingly, allowed. No order as to costs. ____________ C.V. RAMULU, J Date: 22-10-2010 YCR