THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.1360 of 2010 ORDER: Respondent No.1 filed O.S.No.107 of 1999 against respondent No.2 for recovery of certain amount. The suit was decreed. Respondent No.1 filed E.P.No.79 of 2003 for execution of the decree vis-à-vis an extent of Acs.0.63 cents of land in R.S.No.417/6 of Lakshmipuram Revenue Village, Challapalli Mandal, Krishna District. The property is said to have been brought to sale. The petitioners filed E.A.No.68 of 2010 under Section 47 C.P.C. with a prayer to declare that they are entitled to two-third share in the schedule property. They placed reliance upon a gift deed said to have been executed in their favour. The E.A. is pending. The grievance of the petitioners is that even while the E.A filed under Section 47 C.P.C. is pending, the executing Court passed an order, dated 10.03.2010, directing delivery of possession of the property. The same is challenged in this revision. Heard the learned counsel for the petitioners. The record discloses that the notice was served upon respondent Nos.1 and 2 in April, 2010. However, they have not chosen to enter appearance. The petitioners, no doubt, have stated in E.A.No.68 of 2010 that an application filed by them under Rule 58 of Order 21 C.P.C. was dismissed for default. E.A.No.68 of 2010 is filed under Section 47 C.P.C. The question as to whether the E.A. is tenable or whether the so-called gift said to be existing in favour of the petitioners is valid and legal, needs to be considered at the time of hearing the E.A. Directing delivery of possession even while the E.A. is pending would frustrate the further course of action. Hence, the civil revision petition is allowed and the order under revision is set aside. It is, however, directed that the executing Court shall defer the delivery of possession till the disposal of E.A.No.68 of 2010. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:22.06.2010 kdl