IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No. 4159 OF 2007 Between: Kandiboyina Venkataratnam … Petitioner And Yandra Satyanarayana … Respondent This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4159 of 2007 ORDER:- Petitioner/judgment debtor is in revision against the order passed by the Senior Civil Judge, Rajole in E.P.No.45 of 2004, dated 26.06.2009 whereby the objection filed by the petitioner for execution of the decree for sale of the E.P. schedule property has been overruled. The contention of the petitioner/judgment debtor is that the property, which is sought to be sold in execution of the decree, is an assigned land in his favour and the same cannot be sold in execution of the decree. Since no such documents have been filed before the trial Court, it is not possible for the trial Court to give a finding whether the said land is an assigned land and prohibited in execution of the decree or not. A photo copy of the patta issued in favour of the judgment debtor discloses that the property is assigned in his favour. If the same is to be true, sub-section 4 of Section 3 of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 prohibits sale of assigned land in execution of a decree or order of a civil Court. It is well settled that the bar contained under the Act applies to the execution of the decree and the said objection can be raised even at the time of delivery of possession of the property. Notice sent to the respondent as early as on 10.12.2007 has not been returned and deemed to have been served. Since the order passed will not affect his rights, the judgment debtor is at liberty to substantiate that the land is an assigned land. In view of the same, the impugned order passed by the trial Court is set aside and the matter is remitted to the trial Court to give an opportunity to the judgment debtor to file the patta certificate issued in his favour and can examine the revenue officials to prove that it is an assigned land. Accordingly, the civil revision petition is allowed on condition of petitioner depositing a sum of Rs.500/- towards costs for not filing the certificate along with the objections and filing the same within three weeks from the date of receipt of a copy of this order and the costs be deposited on or before 30.04.2010 to the credit of the E.P., which can be transmitted by the trial Court to the concerned Legal Services Authority. __________________ A.GOPAL REDDY, J 16th April 2010 lmv