THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO

C.R.P.No. 1555 of 2011

ORDER:

The Civil Revision Petition is filed against the auction sale conducted on 14.03.2011 in E.P.No.134 of 2009 in O.S.No.139 of 2007 on the file of the Principal Senior Civil Judge, Tenali on the grounds that there are some irregularities and the provisions under Order XXI Rule 64 of the Code of Civil Procedure, 1903 (for short "CPC") were not complied with.

Anyway all these objections should have been taken in an application under Order XXI Rule 90 of CPC.

It is represented by the learned counsel for the revision petitioner that the application to set aside the sale was filed under Order XXI Rule 90 of CPC within time in the lower Court. But, however, because of the passing of the order of stay on 21.04.2011 in this revision petition, they are not numbered and returned by the lower Court.

If such is the case, the lower Court is directed to entertain the application under Order XXI Rule 90 of CPC and determine the points after giving notice to the other side.

Accordingly, the Civil Revision Petition is disposed of. No costs.

________________________ N.R.L.NAGESWARA RAO, J

02.08.2011 MR

THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO

C.R.P.No. 1555 of 2011

DATE: 02-08-2011

MR