THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.6897 of 2003 ORDER: The first respondent filed O.S.No.243 of 1991 in the Court of the III Senior Civil Judge, City Civil Court, Secunderabad against respondents 2 and 3 for recovery of certain amount. The suit was decreed and after the decree became final, the first respondent filed E.P.No.30 of 1993. At the instance of the first respondent, the executing Court passed a garnishee order, against the petitioner herein. On receiving the same, the petitioner filed E.A.No.87 of 1994 under Order 21 Rule 46-D C.P.C. to set aside the prohibitory order. The executing Court dismissed the same through order, dated 17.01.2000. Hence, this civil revision petition. Sri N.Ashok Kumar, the learned counsel for the petitioner, submits that a prohibitory order can be passed against a garnishee only when there is no dispute as to the payment of the amount and in the instant case, respondents 2 and 3 are not at all entitled to be paid any amount by the petitioner. He contends that though contracts were awarded to respondents 2 and 3 by the petitioner, they have not been executed and as a matter of fact, the petitioner is entitled to recover the amounts from respondents 2 and 3. While issuing notice before admission way back on 02.01.2004, this Court granted interim stay. There is no response from respondents 1 to 3. A garnishee is not a party to the main proceedings. It is only when an amount which is otherwise payable to a judgment debtor, lies with the garnishee, that an order under relevant provisions of law can be passed, for attachment thereof. The petitioner raises serious dispute as to the entitlement of respondents 2 and 3 to be paid the amount lying with it. Though the executing Court discussed several aspects of the matter, they touched mostly, the procedural aspects. If a garnishee raises a dispute as to its liability to pay the amount to the judgment debtors, the matter has to be left to be decided in a separate set of proceedings. An executing Court cannot embark upon such enquiry. For the foregoing reasons, the civil revision petition is allowed and the order under revision is set aside. It is, however, directed that the petitioner shall not part with any amount to respondents 2 and 3, except with the specific permission of the executing Court. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:17.08.2009 kdl