THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION NO.3869 OF 2011 ORDER: The respondents obtained a money decree in O.S.No.203 of 2002 on the file of the Court of Principal Senior Civil Judge, Rajahmundry. In the Execution Petition being E.P.No.83 of 2006, the property of the judgment debtor namely Kate Appa Rao was attached and brought to sale. At the stage of issue of sale certificate by the lower Court, the petitioners herein, who are the children of the judgment debtor, filed E.A.No.378 of 2010 purportedly under Order XXI Rule 99 and Section 151 of the Code of Civil Procedure, 1908 (CPC), to exclude their share from Court auction sale in E.P.No.83 of 2006 while effecting delivery possession. Their contention was that the petition schedule property being ancestral property to the extent of their share, the property cannot be sold. By order dated 23.08.2011, the Court of Principal Senior Civil Judge, Rajahmundry, after duly considering the evidence on record, dismissed the application. A finding was recorded that the petitioners herein have no right to claim share in the schedule property during the life time of the judgment debtor since it is a separate property acquired under Ex.R1 executed by one Kate Veera Rajamma. Aggrieved by the said order, the present Civil Revision Petition is filed. It is doubtful whether the children of the judgment debtor, who claim a share in the property, could file an application under Order XXI Rule 99 CPC. When any person claims property, the remedy is to file an application under Order XXI Rule 58 CPC. The said rule provides that claim petitions shall be tried like suit and all the orders passed there under are appealable as regular decrees. Be that as it is, it is now brought to the notice of this Court that the property is already delivered to the auction purchaser. In that view of the matter; it is not disputed – the Civil Revision Petition has become infructuous and is, accordingly, dismissed. This Court observes that if law so permits, the petitioners may seek redressal before the appropriate forum for an appropriate remedy. No costs. _______________ (V.V.S.RAO, J) 27th September 2011 RRB