HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.342 of 2010 ORDER: The petitioners herein are the judgment debtor Nos.2,4,6 and 9 vide judgment and decree dated 2.1.2006 passed in O.S.No.37 of 2003 on the file of the Senior Civil Judge, Machilipatnam, for a sum of Rs.1,63,655/- along with subsequent interest. As the decretal amount was not paid, the 1st respondent/Decree Holder has filed E.P.No.105 of 2006 in O.S.No.37 of 2003 against the petitioners under Order XXI Rule 48 C.P.C for attachment of their salaries and to send the same to the Execution Court as per the decree. 2. A counter was filed before the Execution Court by the petitioners herein stating that they are only surety holders to the judgment debtor No.1 and filing of the E.P against some of the judgment debtors to realize the decretal amount without mentioning any reasons for not proceeding against the principal debtor No.1 for realization of the decretal amount, and hence the E.P is not maintainable and the decree holder cannot proceed against the other judgment debtors. 3. In fact, the judgment debtors filed C.M.A No.23 of 2007 on the file of the District Judge, Krishna District at Machilipatnam, which was dismissed on 2.9.2009 and the same has become final and therefore, the attachment of the salary of the petitioners herein was already executed and, infact, the attachment was made absolute and recording the same the E.P was closed as the amounts were already attached and recovered. However, when the decree has been passed against the defendants jointly and severally, it cannot be said that it is not open for the plaintiff to proceed against some or one of the judgment debtors. Therefore, it is for the decree holder to proceed against the solvent and appropriate persons for recovery of the decretal amount. Hence, I do not see any infirmity, legal or otherwise, to interfere with the impugned order. 4. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. ___________________ V. ESWARAIAH,J. Date:30.12.2011 Gk. HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.342 of 2010 Date:30.12.2011 Gk.