L. NARASIMHA REDDY, J.

( 1 ) DEBTOR in EP No. 4 of 2003 in OS No. 12 of 2000 on the file of the learned Junior Civil Judge, Wanaparthy, filed this CRP. , assailing the order dated 17-9-2004, passed by the Executing Court.

( 2 ) THE 2nd respondent herein was advanced some amount by the State Bank of Hyderabad, the 1st respondent. The petitioner offered himself as a surety, for repayment of the amount Since the 2nd respondent committed default in repayment of the loan, the 1st respondent filed OS no. 12 of 2000. The suit was decreed on 29-12-2000 for a sum of Rs. 55,394/ -. The petitioner and the 2nd respondent were held jointly and severally liable to pay the said amount The decree became final.

( 3 ) THE 1st respondent filed EP No. 30 of 2001 for execution of the decree. The 2nd respondent offered to pay the decretal amount, in installments at the rate of rs. 1,000/- per month. The 1st respondent agreed for the same, and the EP was closed. Alleging that the 2nd respondent committed, default in payment of the installments, the 1st respondent filed EP No. 4 of 2003 and sought to proceed against the petitioner herein.

( 4 ) IT was contended on behalf of the petitioner that the 1st resp

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