IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

TUESDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWELVE

PRESENT

THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO

CIVIL REVISION PETITION No.4820 of 2012

Between: Bhupathi Srinivasa Rao

..... PETITIONER

And Ekambarapu Nageswara Rao

.....RESPONDENT

The Court made the following:

THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO

CIVIL REVISION PETITION No.4820 of 2012

ORDER:

The Civil Revision Petition is filed against the order dated 03.08.2011 in E.P.No.64/2008 in O.S.No.178/2005 on the file of the Principal Junior Civil Judge, Chilakaluripet, Guntur District.

The E.P. was dismissed on the ground that the petitioner is not evincing interest in the E.P. As can be seen from the order of the Court

below, it is consistent which shows that on 22.01.2011 the Bench Clerk noted that the SP & EC was found correct and earlier also the SP & EC is found to be correct and next step was proceeding till date. In the subsequent sentence the learned Junior Civil Judge says that the SP & EC is found incorrect.

The order of the Court below suffers from blatant inconsistency. Once the SP & EC are found to be correct, without proceeding with the E.P. the Court below returned the SP & EC again pointing out that they are incorrect.

In the circumstances, the order of the Court below is set aside and the Court below is directed to go through the entire record and pass a correct and reasoned order, in accordance with law, with regard to the steps in the execution petition.

The Civil Revision petition is accordingly disposed of. No order as to costs.

____________________________ N.R.L.NAGESWARA RAO,J

Dated: 09.10.2012 Dsr