THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.576 of 2009 ORDER: The petitioners, who are judgment debtor Nos.1 and 2, filed this revision under Section 115 C.P.C, inter alia seeking to assail the correctness of the order, dated 20.01.2009, passed in E.P.No.18 of 2008 in O.S.No.185 of 2003 filed under Order XXI Rules 43,64 and 66 by respondent No.1-decree holder to recover the balance decretal amount from them by attaching their movable property mentioned in the schedule. Though respondent No.1 was served with notice, none appeared on its behalf. The case of the petitioners is to the effect that having regard to the compromise arrived at between the parties, which was recorded by the Criminal Court in C.C.No.803 of 2002, there is no liability at all and without looking into the same, the Court below has proceeded with the execution. Hence, they filed this revision. Having heard the learned counsel for the petitioners and perused the material on record, it is evident that the alleged compromise as stated by the petitioners is not recorded in the present proceedings. Therefore, necessarily, it has to be proved by placing appropriate evidence and material. Admittedly, except Exs.B1 and B2, the petitioners have not produced any material about such compromise. In the circumstances, it is felt desirable that an enquiry should be conducted by affording opportunity to the petitioners to substantiate their case. Accordingly, the Civil Revision Petition is allowed, setting aside the order impugned, and the matter is remitted to the Court below for fresh disposal on merits, in accordance with law after giving opportunity to both parties. No order as to costs. ___________________ B.PRAKASH RAO, J Date:24.12.2010. sj