THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.632 of 2009 Date: 19.02.2010 Between: P. Murali Krishna … Petitioner and Pinapala Sujan Babu and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.632 of 2009 ORAL ORDER: Heard learned counsel for the petitioner-1st custodian as well as learned counsel for the 1st respondent-Decree holder. 2. This Civil Revision Petition is directed against the docket order, dated 6.2.2009, in E.P.No.33 of 2006 in O.S.No.9 of 1999, passed by the I Additional District Judge, Machilipatnam, Krishna District, ordering for arrest of the petitioner-1st custodian . 3. It is the contention of the learned counsel for the petitioner, who is the 1st custodian in the E.P. proceedings so far as the movable properties are concerned, that the petitioner, being a Government employee, was on election duty on the day when the notice was sought to be served and hence the question of refusal to receive the notice does not arise. Therefore, he contends that the order passed by the Court below ordering for arrest of the petitioner is liable to be set aside. 4. This is a question of fact, which this Court cannot go into. That apart, learned counsel for the 1st respondent is also not keen in arresting the petitioner, inasmuch as he is interested for production of the movable property to which revision petitioner is the 1st custodian. 5. Having regard to the facts and circumstances and also in the interest of justice, the revision petition is allowed, at the stage of admission, setting aside the impugned order, dated 6.2.2009, passed by the Court below. 6. Needless to mention that the Court below may go on with the E.P. proceedings in accordance with law with utmost expedition, after serving a notice to the petitioner herein. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA 19.02.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.632 of 2009 19.02.2010 (Msr)