HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P. Nos.701 & 1680 of 2007 Dated 26-08-2010 Between: Arigipudi Satyanarayana ……..Petitioner Vs. Dadmineni Dharma Rao and another ………Respondetns HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P. Nos.701 & 1680 of 2007 COMMON ORDER: Since a common question is involved in both these revision petitions, at the consent of the learned counsel on either side, they are being heard together and disposed of by this common order. 2. The petitioner herein, who is the decree holder, initially filed a suit in O.S.No.109 of 2001 on the file of the Principal Junior Civil Judge, Gudivada against the 2nd respondent and obtained ex parte decree and got attached the petition schedule property for sale. At the stage of attachment of property, the 1st respondents in both the revision petitions viz., Damineni Kutumba Rao and Damineni Dharma Rao, have filed their respective applications as third party in the trial Court in E.A.Nos.2 & 1 of 2004 in E.P.No.184 of 2002 in O.S.No.109 of 2001, under order 21 Rules 52 and 58 and read with Section 151 CPC seeking to raise attachment of the schedule property. Before the trial Court they have contended that earlier they have filed suits against the petitioner herein in O.S.Nos.16 of 1996 and 74 of 1997 on the file of Senior Civil Judge, Gudivada, and the said suits were decreed on merits and they also got attached the schedule property for execution on filing E.P.Nos.5 and 51 of 2002 in O.S.Nos.16 of 1996 and 74 of 1997 and execution proceedings are pending in those suits. But, however, the petitioner in collusion with the 2nd respondent-J.Dr. filed the present suit and obtained ex parte decree and got attached the same petition schedule property (which was also attached to the earlier suits in O.S.Nos.16 of 1996 and 74 of 1997) for sale in order to cause loss to the 1st respondent. Hence they requested the trial Court to stop the sale and raise attachment of the schedule property. 3. After considering the oral and documentary evidence and the material available on record, the learned Junior Civil Judge while allowing both the applications in separate orders, postponed the sale of the petition schedule property until the execution of proceedings in E.P.Nos.5 of 2002 in O.S.No.16 of 1996 and 51 of 2002 in O.S.No.74 of 1997, filed by Damineni Kutumbarao and Damineni Dharma Rao, respectively. Aggrieved by these two impugned orders, the petitioner- D.Hr. filed these two revisions respectively. 4. Having heard the learned counsel on either side and perused the material available on record, and the impugned orders passed by the trial Court, it is quite evident that before the attachment of the schedule property in the present suit, there were also two decrees and two different execution proceedings pending against the same petition schedule property and at the stage of sale of the property, both these present applications were filed before the trial Court. Therefore, at the stage of execution of proceedings in E.P.Nos.51 and 5 of 2002 in O.S.Nos.74 and 16 of 1996 for sale of the petition schedule property are pending, again the attachment of same petition schedule property in a different suit for conducting sale cannot be sustained. 5. In view of the same, and taking into consideration the totality of the circumstances, this Court is of the view that the trial Court has rightly justified in allowing the petitions and the impugned orders do not warrant any interference by this court. There are no merits in these revisions. 6. Accordingly, both the revision petitions are dismissed. However, it is made clear that the petitioner is at liberty to raise objections in the applications E.P.Nos.51 and 5 of 2002 in O.S.Nos.74 of 1997 and 16 of 1996, respectively, pending before the learned Senior Civil Judge, Gudivada. It is also needless to mention that till the disposal of both the applications, the execution proceedings in E.P.No.184 of 2002 in O.S.No.109 of 2001 need not be proceeded either for sale or otherwise. No costs. __________________ 26th August 2010 Note: Issue C.C. in three days. B/o. KVR