THE HON’BLE SRI JUSTICE V.V.S. RAO CIVIL REVISION PETITION No.3917 of 2009 07.9.2009 Between: Chiparapu Bhaskara Veeraswamy, S/o.Sri Brahmanandam … Petitioner and Nunna Bhaskara Rao, S/o.Veeraraghavulu And three others … Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO CIVIL REVISION PETITION No.3917 of 2009 ORDER: Petitioner is third party to E.P.No.86 of 2009 in O.S.No.642 of 2007 filed by first respondent herein, who obtained decree for payment of money against respondents 2 to 4. In the E.P., he brought properties of Judgment Debtors for sale. Petitioner herein moved application claiming the property to be brought for sale. He also filed E.A.No.256 of 2009 purportedly under Order XXI Rule 59 of Code of Civil Procedure, 1908 (CPC), to stay sale of property in E.P.No.86 of 2009. The Court of I Additional Junior Civil Judge, Tanuku, dismissed the said application, aggrieved by which present civil revision petition is filed. Learned Counsel for petitioner relies on Order XXI Rule 59 of CPC and submits that when the claim of petitioner is pending before the Court, sale cannot be confirmed. The submission cannot be accepted. Under Order XXI Rule 59 of CPC discretion is vested in the Executing Court to stay confirmation of sale of property in execution of decree. Mere filing of application under Order XXI Rule 59 of CPC does not confer any right on third party claimant to seek stay of sale. If ultimately claimant succeeded in his endeavour, he can file a restitution application. Further, in this case, Court sale was scheduled on 03.8.2008, and therefore, by now sale might have been completed. Learned Counsel for petitioner does not dispute this. If the sale is already held and auction purchaser paid the amount, petitioner may move application for stay of confirmation of sale, which shall be considered by Executing Court on its own merits. Further, the Executing Court is also directed to dispose of E.A. No.255 of 2009 as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The civil revision petition, with the above observations, is accordingly dismissed. No costs. ________________ (V.V.S.RAO,J) September 07, 2009 NOTE: Office is directed to dispatch the order copy along with lower Court record if any, within one week. (By order) YS