HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5625 of 2009 Date: December 06, 2010 Between: Jadala Bhaskar. … Petitioner/ J.Dr./Defendant And M/s. Shriram City Union Finance Ltd., Bhadrachalam, rep. by its authorized Signatory. … Respondent/ D.H./Plaintiff * * * HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5625 of 2009 ORDER: This civil revision petition is directed against the order dated 01.9.2009 passed in E.P. No.11 of 2009 in O.S. No.194 of 2006 on the file of the Special Assistant Agent & Sub-Divisional Magistrate, Mobile Court at Bhadrachalam, whereunder and whereby the movables of the respondent-judgment debtor to the extent of Rs.95,482/- has been attached. 2. The only ground raised in the revision petition is that when the petitions under Section 5 of the Limitation Act,1963 to condone the delay of 41 days in filing the petition to set aside the ex parte decree under Order IX Rule 13 CPC filed by the petitioner are pending, no orders have to be passed and therefore, issuance of attachment order is not correct and proper. 3. There is no bar for the decree holder to proceed against the judgment debtor so long as the decree to be executed is not stayed. Simply because he filed an application under Section 5 of the Limitation Act to condone the delay in filing the petition under Order IX Rule 13 CPC to set aside the ex parte decree that does not mean the execution proceedings have to be stopped. Therefore, there are no grounds to interfere with the impugned order. However, to safeguard the interest of both the parties, a direction can be given to the petitioner to pay a part of decretal amount. 4. The civil revision petition is accordingly disposed of directing the petitioner-judgment debtor to deposit 50% of the decretal amount together with interest and costs within a period of six weeks from the date of receipt of a copy of this order, failing which the impugned order shall be given effect to. On such deposit, the respondent is entitled to withdraw the same without furnishing any security. There shall be no order as to costs. ________________ K.C. BHANU, J Date: December 06, 2010. BSB