THE HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.4807 OF 2009 ORDER: The petitioner, who is the second JDR, filed this revision petition assailing the correctness of the order, dated 31.08.2009 passed in E.P.No.20 of 2008 in O.S.No.51 of 1994 by the Senior Civil Judge, Kothapeta, holding that the objections raised by the petitioner/second JDR to the notice under Order 21 Rule 37 (1) C.P.C., are untenable. It is not in dispute that the Court of Senior Civil Judge, Sompeta has passed a decree on 4.10.1999 in O.S.No.51 of 1994 and on E.P. being filed, the same was transferred to the Court of Senior Civil Judge, Kothapeta for execution, since the petitioner/2nd JDR is residing within the jurisdiction of the said Court. The said objections raised by the petitioner are to the effect that the Court of Senior Civil Judge, Sompeta has no jurisdiction to pass the decree, which is a nullity and cannot be executed. Since it is not disputed that on the date, the decree was passed the Senior Civil Judge, Kothapeta will have jurisdiction to try the suit. As per Section 39(1)(a) C.P.C., the Court, which passes a decree, may send it for execution to another Court of competent jurisdiction on the application of the decree holder, and the Court will have the pecuniary jurisdiction to try the suit. Merely because the pecuniary jurisdiction before the Senior Civil Judge has been raised, conferring the jurisdiction to the Court which entertained the suit, will not cease its jurisdiction. It is now well settled that on the date of institution of suit, the Court, which will have jurisdiction, will continue to have jurisdiction irrespective of the reason of pecuniary jurisdiction increased, until the proceedings are terminated finally. (see Garikapati Veeraya v. N. Subbiah Choudhry[1]) In view of the same, no infirmity is discernable in the order passed by the lower Court warranting interference of this Court. Accordingly the Civil Revision Petition is dismissed. No costs. ____________________ (A. GOPAL REDDY, J.) 22nd October, 2009 Js. [1] AIR 1957 SC 540