JUDGMENT :

M. SATYANARAYANA MURTHY, J.

ORDER :

1. This civil revision petition is filed under Article 227 of the Constitution of India, challenging the order in E.A. No. 585 of 2011 in E.P. No. 43 of 2010 in O.S. No. 77 of 2004 dated 20.09.2012 passed by the I Additional Senior Civil Judge, Kakinada, whereby, a petition filed under Order XXI Rule 50(2) C.P.C. to grant leave to the petitioner to file execution petition against the partners of the first judgment debtor was allowed.

2. The parties before the Court will hereinafter be referred, as arrayed before the executing Court, for the sake of convenience.

3. The petitioner/decree holder obtained a decree against the first judgment debtor i.e. partnership firm-Siddi Vinayaka Raw boiled rice mill for recovery of amount. In order to recover the decree amount, it is necessary for the petitioner to proceed against the partners of the first judgment debtor, who are shown as Respondent Nos. 2 to 5. In such circumstances, it is necessary to obtain leave by the petitioner to file execution petition against the partners of the first respondent/judgment debtor and sought leave to proceed against the partners of the firm.

4. The Respondent Nos. 1