THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.2795 of 2010 ORDER: This Civil Revision Petition is filed under Section 115 CPC by the petitioner/judgment debtor in O.S.No.448 of 2002 on the file of II Additional Senior Civil Judge, Warangal. In execution proceedings, the property of the petitioner was brought to sale. He filed E.A.No.95 of 2008 in E.P.No.152 of 2005 under Order XXI Rule 90 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) to set aside the sale held on 01.08.2008. The Court below has dismissed the E.A. by the impugned order. Aggrieved by the same, the present revision petition is filed. Learned counsel appearing for the petitioner while pointing out several illegalities, contended that the sale was not in conformity with the procedure prescribed under Order XXI of CPC. In spite of the same, the Court below has not considered the pleas raised by the petitioner in proper perspective. On the other hand, it is submitted by the learned counsel appearing for the respondents that the present revision petition itself is not maintainable. It is also submitted that though in reality, E.A.No.95 of 2008 was filed under Order XXI Rule 90 CPC, the power of the Court is to pass orders either confirming or setting aside the sale, under Rule 92 CPC, which is an appealable order under Order XLIII Rule 1(j) of CPC. In support of this argument, the order passed by this Court in the case of KONATI SWAMANNA v. GOLLA VENKATASWAMY[1], is relied on by the learned counsel appearing for the respondents. I n KONATI SWAMANNA’s case (1 supra), this Court while interpreting the provisions of Order XXI Rules 90 and 92 CPC, has taken the view that Order XXI Rule 90 CPC is an enabling provision for a party to file an application for setting aside the sale and ultimately, order would be passed under Rule 92 either confirming or setting aside the sale. In that context, it is stated that as much as the order passed under Order XXI Rule 90 CPC is an appealable order under Order XLIII Rule 1(j), the appeal only lies but not revision. At this stage, the learned counsel appearing for the petitioner submits that the petitioner may be permitted to avail the remedy of appeal as contemplated under Order XLIII Rule 1(j) CPC. In that view of the matter, without going into the merits of the case, the Civil Revision Petition is dismissed on the ground of maintainability. However, it is open to the petitioner to pursue any other remedy including appeal as provided in Order XLIII Rule 1(j) CPC. It is made clear that as this Court passed interim order on 08.09.2010, the same shall be maintained for a period of two (2) weeks from today. ______________________ R.SUBHASH REDDY, J 29th SEPTEMBER, 2010. Note: 1. Office to return the certified xerox copy of the impugned order. 2. issue c.c. in three (3) days. kvni [1] 2005(1) L.S. 297