HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.5467 OF 2009 DATE:20-11-2009 BETWEEN: Alapati Satyanarayana Murthy …Petitioner AND Gollakoti Venkateswara Rao & Another …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.5467 OF 2009 ORDER: This revision by the plaintiff under Article 227 of Constitution of India is directed against the order of V Additional District Judge, Rajahmundry, dated 11.11.2009 in I.A.No.365 of 2009 in O.S.No.50 of 2007 directing the Official Receiver-2nd respondent herein not to proceed with the proposed auction scheduled to be held on 13.11.2009 in respect of plaint ‘D’ schedule property. 1st respondent-third party to the proceedings in O.S.No.50 of 2007, who claims to be in possession of plaint ‘D’ schedule property filed impugned I.A. contending that when I.A.No.363 of 2009 filed by the plaintiff-petitioner herein seeking direction to take possession of plaint ‘A’ to ‘E’ schedule property is pending consideration, the orders given to the official receiver-2nd respondent herein on 13.8.2009 directing him to take possession of the plaint schedule property amounts to allowing the said I.A. without hearing him who is in actual possession of the property. Considering the said contention, the lower Court passed the impugned order. The impugned order passed by the lower Court staying the proposed auction, if allowed to stand, will not attain finality which will be subject to outcome of result in I.A.No.363 of 2009 filed by the plaintiff-petitioner herein. Further the impugned order does not cause any prejudice or irreparable loss to the petitioner. Since the present case does not fall under any of the exceptions carved out by the Apex Court in Surya Dev Rai v. Ram Chander Rai (AIR 2003 SC 3044) no interference is called for by this Court in exercise of jurisdiction under Article 227 of Constitution of India. The Revision is accordingly dismissed. Petitioner is at liberty to contest the I.A.No.365 of 2009 filed by the 1st respondent herein and can obtain orders on merits in his application in I.A.No.363 of 2009. No order as to costs. _______________ A. GOPAL REDDY, J. NOVEMBER 20, 2009 Tsr.