THE HON’BLE SRI JUSTICE C. V. RAMULU CIVIL REVISION PETITION NO.3019 OF 2008. Date: 19-08-2009 Between:- Nunna Satchidanandam and another .. Petitioners And N.Rajalakshmi and others .. Respondents ORDER:- This Revision is directed against order dated 24.04.2008 made in C.F.No.6633 of 2007 in Unnumbered E.A. of 2008 in E.P.No.5 of 2006 in O.S.No.46 of 2003 on the file of the learned Senior Civil Judge, Kavali wherein the application filed under Order XXI Rule 9 of CPC seeking to set aside the sale of E.P. schedule property in E.P.No.5 of 2006 in O.S.No.46 of 2003 dated 27.08.2007 was rejected. The petitioner is the third party to the proceedings in O.S.No.46 of 2003. The suit was filed for recovery of money and the same was decreed. E.P.No.5 of 2006 was filed for execution of the said decree in which the schedule property purchased by the petitioner was auctioned and the sale was confirmed. At that stage, he filed the present application to set aside the sale. After elaborate consideration, the Executing Court has rejected the application since the JDR was not affected by the said order. Generally, no interference can be made into such an order. However, a submission was made by the counsel on either side that the matter was compromised outside the Court and for the purpose of recording such compromise in the Court proceedings, the E.A. filed by the petitioner, which was rejected, needs to be numbered. In view of the facts and circumstances of the case, while withholding the impugned order, the Executing Court is directed to number the E.A. only for the purpose of recording the compromise, if any, reached between the parties. The matter is remanded to that extent. The Civil Revision Petition is disposed of. No costs. _______________ C. V. RAMULU, J 19th August, 2009 AMD/GHN