IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TEN PRESENT: THE HON'BLE SR4I JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.1400 of 2007 Between: Boppana Kalpana ... PETITIONER AND Boppana Vijayavani (JDR) and others ... RESPONDENTS ORDER: The petitioner herein is aggrieved by the order of the Executing Court returning her application filed under Order XXI purporting to be under Order XXI Rule XXVI of the Code of Civil Procedure. 2. By the aforesaid application she sought stay of all further proceedings in the E.P.No.540 of 2004 on the ground that she has a valid claim to the E.P. schedule property. The said application was retuned by the registry of the Court below on 16-03-2007 as per endorsement of the Court that as sale certificates were already issued, these applications are not maintainable. Aggrieved there by, the present revision is preferred. 3. During the hearing of the matter it was pointed out by the learned counsel for the petitioner that the petitioner admittedly is the daughter of the original defendant/judgment debtor and she was shown as third defendant in the suit and as such, she is in the capacity of one of the judgment debtors and not as a claim petitioner. The present application is filed as if it is a claim petition by third party is clearly not maintainable. 4. The learned counsel for the petitioner, therefore, sought time for getting instructions and it is now represented that the petitioner be granted liberty to approach the Court below by an appropriate application to set aside the sale. 5. The said request is accepted and this Civil Revision Petition is dismissed as without merits. However, petitioner shall have liberty to approach the Court below by filing appropriate application as she is advised and if such application is filed Court below shall consider the same, in accordance with law. There shall be no order as to costs. ____________________________ VILAS V. AFZULPURKAR, J July 01, 2010. PN THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.1400 of 2007 July 01, 2010