HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No. 4276 of 2007 DATED: 02.09.2011 Between: Sistla Bhaskara Rao .. Petitioner And 1. Dhanyamraju Purushothamarao 2. Behara Ramalaxmi .. Respondents O R D E R:- The decree holder is the revision petitioner who has obtained a joint and several decree against Judgment Debtor Nos.1 and 2 who are respondent Nos.1 and 2 herein. Execution of the petitioner’s decree for Rs.1,50,109/- from the salary of the J.Drs. by attachment warrant was ordered by the Executing Court on 25.06.2007 directing attachment warrants to be issued against the respondents subject to Section 60 CPC. The Garnishee i.e. Head Master, Zillaparishad High School, Somalingapalem, who is the Disbursing Officer to J.Dr. No.1, filed an explanation dated 03.08.2007 before the Executing Court bringing to the notice of the Court that so far as J.Dr.No.1 is concerned, an order of attachment in E.P. No.7 of 2007 is already operating. The said order of attachment was confirmed by this Court by dismissing C.R.P. No. 297 of 2008 dated 02.09.2011. In view of the said explanation of the Disbursing Officer, the said Executing Court passed the impugned order dated 03.08.2007 accepting the explanation and closing E.P.No. 51 of 2006 in O.S. No.10 of 2006. This order is questioned in the present Civil Revision Petition. Heard the learned counsel for both the parties and perused the material placed on record. It is pointed out by the petitioner’s counsel, and very rightly so, that there is neither any explanation nor any reason as to why the 2nd respondent cannot be proceed against even if the explanation with regard to J.Dr.No.1 is accepted, there is no reason as to why the order of attachment against J.Dr. No.2 is not implemented. I find force in the said contention. The order of attachment to the extent of J.Dr. No.1 is not pressed for the present by the learned counsel for the petitioner and he reserves his right to proceed against J.Dr.No.1 at the appropriate stage. So far as J.Dr.No.2 is concerned, it is evident that the attachment order of the Executing Court dated 25.06.2007 has to be given effect to by the Disbursing Officer, who is Garnishee for J.Dr.No.2. In that view of the matter, the order of the trial Court closing the Execution Petition in entirety and even against J.Dr.No.2 by accepting the explanation of the Garnishee to the extent only with respect to J.Dr.No.1, is erroneous and is accordingly set aside. E.P. No. 51 of 2006 shall stand restored to the file of Senior Civil Judge, Yellamanchili till recovery of the amount by attachment of salary of J.Dr. No.2 as ordered by the Executing Court under its order dated 25.06.2007. The Civil Revision Petition is accordingly disposed of. No order as to costs. _______________________ VILAS V. AFZULPURKAR, J 02.09.2011 bcj