HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.3005 of 2005 ORDER: The revision is filed against the order in E.A.No.394 of 2004 in E.P.No.121 of 2000 in O.S.No.6 of 2000 on the file of Junior Civil Judge, Macherla, dismissing an application for retable distribution. 2. It appears that in execution of the decree in O.S.No.6 of 2000 the properties were brought to sale and in a Court auction one Gopavarapu Ramalinga Swamy purchased the sale property and deposited the sale proceeds. Thereafter, the present revision petitioner, who is also the decree-holder in O.S.No.35 of 2001 against the same judgment debtor having attached the sale proceeds, filed the application for ratable distribution. The above application was dismissed on the ground that no execution petition was filed by the revision petitioner. It appears that along with the present revision petitioner some others have also filed applications for ratable distribution and in C.R.P.No.5664 of 2005 after disagreeing with the reasoning given by the lower Court as in this case passed an order that the institution of execution petition is not necessary and the amount if any remains after satisfying the decree in O.S.No.6 of 2000 shall be distributed. 3. Therefore, following the above order of this Court, this revision petition is also allowed and the lower Court is directed to proceed in this case also as per the order in Civil Revision Petition No.5664 of 2005 and consider the ratable distribution application. There shall be no order as to costs. _________________________ N.R.L. NAGESWARA RAO, J Date: 10.06.2011 INL