THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.6191 of 2009 Date of Order: 05-02-2010 Between: Illiyas Hyder ..Petitioner and Degala Venkata Ramana ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.6191 of 2009 Oral order: Petitioner/judgment debtor filed this revision questioning the correctness of the order passed by the Senior Civil Judge, Razole in ordering E.P.No.19 of 2009 in O.S.No.145 of 2007, dated 27-10-2009 overruling the objections. For due execution of the decree the decree-holder filed the above E.P. for sale of the attached property, which was attached in I.A.No.725 of 2007 in O.S.No.145 of 2007 before judgment, and the said attachment was made absolute. The petitioner contends that their brother Shakil Askari married a Hindu woman and raised a dispute that his father, who is the owner of the property, executed a gift deed dated 04-12-2003 in his favour but the said gift deed was not acted upon and his father is still being the owner of the property; therefore, the suit property cannot be attached. It is not disputed that when the attachment before judgment is made in the I.A. neither the petitioner nor his father objected to the attachment and the same has been made absolute. In view of the same, the lower court has rightly overruled the objections and ordered E.P. If the petitioner will not have any right, the third party/father who has not conveyed any rights in the schedule property can always avail the remedies against the sale of the immovable property attached. No illegality is committed by the lower Court in ordering the E.P. warranting interference. The civil Revision Petition is accordingly dismissed. No costs. _________________ A.GOPAL REDDY, J. 05-02-2010 Murthy