The 1st respondent filed O.S.No.906 of 2000 in the Court of the IV Senior Civil Judge, City Civil Court, Hyderabad against respondents 1 to 4 and the petitioner herein for recovery of amount covered by a chit transaction. While the 2nd respondent is the prized subscriber, the petitioner (4th defendant) and respondents 3 to 5 are sureties. The suit was decreed on 06.08.2002. After the decree became final, the 1st respondent initially filed E.P.No.131 of 2002, which is said to have been dismissed for default after the judgment debtors entered appearance and filed counter. Thereafter, the 1st respondent filed E.P.No.95 of 2009 for grant of attachment against the immovable properties of the petitioner herein, i.e. 4th judgment debtor.

The petitioner filed E.A.No.83 of 2010 under Section 47 C.P.C. with a prayer to decide as to whether it was competent for the 1st respondent to claim relief against the petitioner alone, without claiming any relief against the principal debtor and other judgment debtors. The application was opposed by the 1st respondent. The Executing

Court dismissed the I.A., through order, dated 08.11.2010. Hence, this revision.

Smt. Ch. Vijaya Lakshmi, learned