THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.1088/2011 Dt.25-3-2011 Shaik Masthan ..Petitioner V. 1. Sai Priya Chit Fund (P) Ltd., represented by its Foreman/Managing Director, Y. Sambasiva Rao, Vijayawada and others. ..Respondents The court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.1088/2011 Oral Order This revision under Section 115 of the Code of Civil Procedure is filed questioning the terms and conditions of the auction notice dt. 28-2-2008 made in EP No.34/2009 in OS No.54/2007 on the file of II Additional District Judge, Vijayawada, contending that the revision petitioner/judgment debtor No.5 has no saleable right or title over the suit schedule property as he has already executed a gift deed in favour of his wife as per Mohammadan Law and therefore, the property cannot be sold in execution of the decree. The petitioner, if aggrieved by the sale notice, can always move the execution court for appropriate relief. So also, the wife of the petitioner, in whose favour gift deed was executed by the petitioner, can always move the executing court by filling a claim petition and can also move the executing court for stay of sale as contemplated under Order 21 Rule 59 CPC. In view of the same, no illegality is discernible in the sale notice issued by the executing court warranting interference by this court. The Civil Revision Petition is accordingly dismissed. No costs. _________________ A.GOPAL REDDY, J. Dt.25-3-2011 kmr