ORDER:

The Civil Revision Petition is filed aggrieved by the inaction in numbering un-numbered E.P. vide CFR No.1305 of 2024 in O.S.No.86 of 2017 on the file of learned Principal Senior Civil Judge, Nandyal (Executing Court).

2. Heard learned counsel for the petitioner.

3. Since the petitioner filed this civil revision petition for numbering of un- numbered E.P. in O.S.No.86 of 2017, hence no need to issue any notice to the respondent, as no prejudice would be caused to him.

4. Learned counsel for the revision petitioner submits that the petitioner being plaintiff filed a suit O.S.No.86 of 2017 before the learned Principal Senior Civil Judge, Nandyal against the respondent for recovery of money due under a promissory note. Along with the petitioner, some other suits eleven in number, were filed by the other creditors, to whom the respondent owes money under various promissory notes. The respondent admitted his liability and agreed to pay all the decree amounts to the petitioner as well as other creditors within six months. As the respondent failed to pay the decree amount, one of the decree holder filed E.P. for attachment and sale of house property of the respondent/J.Dr. The said E.P. was allowed and sale of house property took place on 22.02.2024 before the learned Principal Senior Civil Judge, Nandyal, on which date, the petitioner along with other ten decree holders, filed E.Ps under Section 73(2) CPC for ratable distribution of the above sale proceeds.

He further submits that the petitioner filed the E.P. vide CFR No.1305 of

2024 on 22.02.2024. But the Executing Court for the last ten months raising objections which are quite different from each other and returning the same for compliance and the petitioner accordingly complying with the objections and resubmitting the E.P. Further stated that learned Judge did not number the un-numbered E.P. for no reason, which is causing prejudice to the petitioner in the E.P. proceedings. Therefore, learned counsel requests this Court to issue an appropriate direction to the trial Court for numbering of the un-numbered E.P. which was filed vide CFR No.1305 of 2024 in O.S.No.86 of 2017.

5. Considering the submissions of learned counsel for the revision petitioner, and without touching the merits of the case, the Trial Court is directed to number the un-numbered E.P. in O.S.No.86 of 2017 on the file of learned Principal Senior Civil Judge, Nandyal, while observing the compliance of the objections by the petitioner, if it is otherwise in order.

6. With the above observation, the Civil Revision Petition is disposed of at the admission stage. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

________________________ DR. K. MANMADHA RAO, J.

Date: 03.01.2025 ARR HON’BLE DR. JUSTICE K. MANMADHA RAO CIVIL REVISION PETITION NO: 3263/2024 Date : 03.01.2025 ARR