THE HON’BLE MR JUSTICE L. NARASIMHA REDDY C.R.P. No.1637 of 2010 ORDER: Respondent No.1 filed O.S.No.89 of 1999 in the Court of Principal Junior Civil Judge, Avanigadda, Krishna District, against respondent No.2, for recovery of certain amount. The suit was decreed. Respondent No.1 filed E.P.No.42 of 2004 for execution of the decree, vis-à-vis an extent of Ac.1.00 of land, in R.S.No.417/6 of Lakshmipuram Revenue Village of Challapalli Mandal, Krishna District. The property is said to have been brought to sale. The petitioners state that the property, which is brought to sale, has fallen to their share in a partition suit, being O.S.No.8 of 2005 on the file of the Principal District Judge, Machilipatnam, and that the 2nd respondent has no right over the property. They filed E.A.No.407 of 2008 under Rule 58 of Order 21 C.P.C., with a prayer to set aside the sale. The 1st respondent filed E.A.No.222 of 2009 for delivery of possession of the property. The petitioners opposed the same. Through its order dated 10-03-2010, the Executing Court directed delivery of possession. The same is challenged in this revision. Heard the learned counsel for the petitioners. Though notices were served upon the respondents, they have not chosen to enter appearance. It is a matter of record that the application filed by the petitioners under Rule 58 of Order 21 C.P.C., is pending. In case the possession of the property is delivered, even while the application is pending, the whole proceedings become infructuous. Further, it is a settled principle of law that, once a claim petition is filed in an E.P., further proceedings can be taken only after such a petition is disposed of. Hence, the order under revision is set aside, and the Executing Court is directed not to take any further steps, until E.A.No.407 of 2008 is disposed of. The C.R.P is accordingly allowed. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.22-06-2010. KO