THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.2567 of 2007 Date of Order: 21-12-2010 Between: Nandigam Bala Swamy ..Petitioner And Yenumala Lakshmi and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.2567 of 2007 Oral order: This revision under Article 227 of the Constitution is to revise the order of the Senior Civil Judge, Nuzvid passed in E.A.No.116 of 2005 in E.P.No.18 of 2004 in O.S.No.17 of 2003 whereby the claim petition filed by the judgment debtor under Order XXI Rule 90 CPC for setting aside the sale held on 31-08-2004 in E.P.No.18 of 2004 in O.S.No.17 of 2003, which was confirmed on 23-11-2004, has been dismissed. Against the order setting aside or refusing to set aside a sale under Order XXI Rule 92 CPC, only an appeal lies under Order XLIII Rule 1 (j) CPC but not revision. Learned counsel for the petitioner contends that once sale certificate has already been issued petition under Order XXI Rules 90 and 91 CPC is not maintainable. This Court did not see any merit in the contention advanced by the counsel for the petitioner for the reason Section 47 CPC bars filing of a separate suit, which envisages all questions arising between the parties to the suit in which decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit. As per Explanation—II (a) a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed. Order XXI Rule 91 CPC does not prohibit filing of application seeking to set aside the sale when sale certificate is issued. Whereas Rule 92 of Order XXI CPC envisages when no application is made under Rules 89, 90 or 91 CPC or such application is made and disallowed, the court can make an order confirming the sale, and thereupon the sale shall become absolute. Only when sale certificate has not been confirmed due to pendency of application made under Rules 89, 90 or 91 CPC and on dismissal of such application the sale can be confirmed and thereupon the sale will become absolute. The same is not the situation in the present case. The lower court allowed the petition by setting aside the sale conducted on 31-08-2004. The order passed by the lower court is under Order XXI Rule 92 CPC is appellable order; hence, revision is not maintainable and it is accordingly dismissed. The parties are at liberty to avail the remedies under law. No costs. _________________ A.GOPAL REDDY, J. 21-12-2010 Note: Issue CC in three days. (bo) Murthy