IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI C.R.P. NO :4698 of 2009 Between: 1. Smt. M. Pratima Reddy and others ..... PETITIONERS AND 1. M/s Nicco Uco Alliance Credit Ltd., and others .....RESPONDENTS The Court made the following : HONOURABLE SMT. JUSTICE T.MEENA KUMARI CIVIL REVISION PETITION No:4698 OF 2009 ORDER: Aggrieved by order, dated 14.9.2009 in E.A.No.21 of 2009 in E.P.No.26 of 2009 in O.S.No.594 of 2000, passed by the learned XII Additional Chief Judge, City Civil Courts, Hyderabad, the present revision petition has been filed. Heard the learned Counsel and perused the material available on record. On the application filed by the 1st respondent-Decree Holder seeking attachment of certain money deposited by the revision petitioners in the account of O.S.No.106 of 2007, the Court below passed the order under revision. It is the case of the revision petitioners that the 1st respondent- decree holder had already filed E.P.No.10 of 2008 seeking attachment of the immovable property of the petitioners in execution of the decree in O.S.No.594 of 2000 and suppressing that fact, the 1st respondent- Decree Holder filed the present E.P. seeking attachment of money deposited in O.S.No.106 of 2007. It is also the case of the petitioners that 1st respondent-decree holder has to proceed against the mortgaged properties and if the money realized from the sale of those properties is not sufficient to satisfy the decree, then, he can proceed against the petitioners, but his action is contrary to the provisions of the Code of Civil Procedure and the above application is not maintainable and hence, the order under revision is liable to be set aside. The order under revision is only an interlocutory order. If the revision petitioners are aggrieved, they have to file an application before the Court below for raising attachment. Therefore, I feel that the approach of the petitioners is a premature one. At this stage, the learned Counsel for the revision petitioners submitted that the revision petitioners may be permitted to file an appropriate application before the Court below. In the circumstances of the case, the nature of the proceedings and the quantum of the amount attached, liberty is granted to the revision petitioners to file an appropriate application before the Court below. On such application being filed, the same shall be disposed of, in accordance with law, as expeditiously as possible, preferably within a period of 10 (ten) days. Accordingly, the CRP is disposed of. No order as to costs. _________________________ Justice T. Meena Kumari Date: 18th September, 2009 Nn. HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:4698 OF 2009 18.09.2009