HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:4609 OF 2009 ORDER: The petitioner-Judgment debtor filed this revision under Article 227 of the Constitution of India seeking to revise the order dated 6.7.2009 passed by the Principal Junior Civil Judge, Avanigadda, Krishna District in E.A.No.527 of 2007 in E.P.No.84 of 2006 in O.S.No.397 of 2004. On filing E.P. by the decree holder for sale of the E.P. schedule property in execution of a decree passed in O.S.No.397 of 2004, notice was ordered for appearance of the petitioner-Judgment debtor on 7.9.2007. Since the petitioner-Judgment debtor failed to appear, ex parte order was passed in the E.P. Thereafter, the petitioner-Judgment debtor filed the present EA under Order 21 Rule 10 of CPC seeking to set aside the exparte order passed in the E.P., stating that as he was suffering from jaundice, he could appear before the Court. The Executing Court having observed that except stating that he was suffering from Jaundice, the petitioner-Judgment debtor did not produce any document viz., medical certificate, dismissed the EA. Aggrieved by the same, the present revision has been filed. The revision petitioner stated that the decree holders obtained ex parte decree by suppressing the facts and the decree passed in the suit itself is not a valid decree and the same is not executable for want of succession certificate from the competent Court of law and therefore, the E.P. cannot be proceeded with. On hearing both the Counsel, I have no hesitation to hold that the order passed by the Court below dismissing the EA do not suffer from any illegality or irregularity since the petition filed under Section 21 Rule 10 cannot be entertained and in view of the specific proviso under Order 21 Rule 106 of CPC. Apart from that, the petitioner- Judgment debtor also failed to substantiate the reasons stated by him for his absence on the date of hearing. In view of the same, the Civil Revision Petition is dismissed. No order as to costs. _____________________ Justice A. Gopal Reddy Date:8th September, 2011 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:4609 OF 2009 8.9.2011