THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR CIVIL REVISION PETITION NO.91 OF 2009 DATED 1ST JUNE, 2010 BETWEEN Senapathi Chiranjeevi Patrudu … Petitioner And Mandala Papamma And Another. … Respondents THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR CIVIL REVISION PETITION NO.91 OF 2009 O R D E R This revision petition is preferred by the decree holder questioning the upset price fixed by the learned Senior Civil Judge, Parvatipuram, in E.A. No.172 of 2008 in E.P.No.35 of 2005 in O.S.No.167 of 2002 while ordering sale of the E.P. schedule property. A perusal of the impugned order clearly discloses that for the purpose of ascertaining the valuation of the properties, the Executing Court has taken into consideration the valuation fixed by the Sub- Registrar, Parvathipuram, and based on that, as 1/3rd of the E.P. schedule property is required to be put to sale to satisfy the decree, the upset price has been fixed by it at Rs.10,00,000/- tentatively. The learned counsel for the petitioner/decree holder contended that the Executing Court ought not to have fixed the upset price in view of the provisions of Order XXI, Rule 66 of the Civil of Procedure Code as it has no power to fix upset price. I am unable to accept the said contention of the petitioner/decree holder in view of the fact that the entire E.P. schedule property is not brought to sale and only 1/3rd thereof, which is sufficient to satisfy the decree, is alone directed to be put to sale. While settling the sale proclamation, the Executing Court, with a view to ensure that the market value should be ascertained, has obtained valuation in respect of the E.P. schedule property from the Sub-Registrar under the Registration Act, 1908 as well as the Stamp Act, 1899 to see that the E.P. schedule property is not assessed below the market value, as per the Basic Value Register being maintained by him. There is thus no illegality in the impugned order of the Court below. I am therefore not inclined to interfere with the same. The Civil Revision Petition is accordingly dismissed. No order as to costs. ------------------------------------- VILAS V.AFZULPURKAR,J 1st JUNE, 2010. PGS/VGSR