IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.669 of 2008 Between: Banala Krishnama Chary ..... PETITIONER(S) AND Banala Nagamani and another .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.669 of 2008 ORDER: Petitioner is the Judgment Debtor who filed this revision under Section 115 of C.P.C. assailing the correctness of the order passed by the Court below in the Execution petition to the following effect. “Warrant served through registered post. Hence, the proceedings are closed.” The case of the petitioner is that he filed counter in the Execution Petition raising several objections including maintainability of the petition. It is also his contention that, even otherwise, the warrant of attachment issued against him is without notice and so the same cannot be given effect to and the Court below has passed the impugned order even without an inquiry and without giving any finding as to the objections raised by him in the counter. Heard the learned counsel for petitioner and perused the material on record. It is seen that the impugned order does not show any finding or any reasons as to the objections raised by the petitioner. There is no dispute to the effect that the petitioner has filed counter raising several objections against the Execution Petition including its maintainability. In view of the same, it is not open for the Court below to simply overlook the objections and proceed in the execution. Therefore, the revision petition is allowed and the order dated 19.11.2007 in E.P.No.9 of 2007 in O.S.No.169 of 1993 is set aside and the matter is remitted back to the Court below for disposal afresh taking into consideration the objections raised by the petitioner in accordance with law within two months from the date of receipt of a copy of this order. No costs. ____________________ B.PRAKASH RAO, J 24th June, 2010 CVRK