JUDGMENT :

1. This Civil Revision Petition is directed against the order, dtd. 9/5/2022, passed in E.P. No.25 of 2016 in O.S. No.14 of 2008 on the file of the learned Senior Civil Judge, Kothapeta, whereby the E.P. filed for execution of the preliminary Decree, dtd. 28/6/2010, was dismissed.

2. Heard learned counsel for the petitioner.

3. Factual matrix of the revision may be stated as follows:

The petitioner is the plaintiff in O.S. No.14 of 2008 on the file of the learned Senior Civil Judge, Kothapeta. He has filed the said suit against the respondent for recovery of money on the basis of a mortgage deed whereby the plaint schedule property was offered as security for the debt. The said Suit was decreed in the trial Court. Only a preliminary Decree was passed to that effect. But before filing a final Decree petition and before passing a final Decree as required under law, the petitioner has filed E.P. No.25 of 2016 to execute the said preliminary Decree to realize the due amount from the respondent.

4. The said E.P. No.25 of 2016 came to be dismissed by the impugned order on the ground that Execution Petition cannot be filed for execution of the preliminary Decree without passing a fi