IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1658 OF 2008 Between: A. Ramanjaneyulu .....PETITIONER AND C. Nanda Gopal ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1658 OF 2008 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is directed against the order, dated 25.02.2008, in E.A.No.685 of 2007 in E.P.No.37 of 2006 in O.S.No.104 of 2004, on the file of the Junior Civil Judge, Gooty, whereunder and whereby, the petition, filed under Order XXI Rule 59 read with Section 151 C.P.C., to stay the execution proceedings pending disposal of the Insovlency Petition No.46 of 2007, on the file of the Senior Civil Judge, Gooty, was allowed. 2. The contention of the learned counsel for the petitioner/decree holder is that the Receiver was not appointed; that the properties sought to be sold have not been handed over to the Receiver; that under Section 50 of the Provincial Insolvency Act, 1920, only after termination of the proceedings, Receiver can be appointed; that mere filing of an Insolvency Petition is not a ground to stay the auction and hence, he prays to set aside the impugned order. 3. On the other hand, learned counsel for the respondent/judgment debtor contended that the possession of the properties, now sought to be sold in public auction, have already been handed over to the Official Receiver; that therefore, the executing Court has become functus officio to sell the property and hence, he prays to dismiss the revision petition. 4. It is not in dispute that the respondent/judgment debtor filed an Insolvency petition before the Senior Civil Judge, Gooty, to declare him as insolvent, duly showing the properties owned by him. A copy of the Insolvency Petition was filed before the executing Court and an observation has been categorically recorded by the executing Court that during the pendency of the Insolvency Petition proceedings, the properties of the respondent, including the properties now sought to be sold in the public auction in the execution proceedings, have been handed over to the Official Receiver, Anantapur. Such is the case, practically, it is the Official Receiver who has to conduct the sale of the property and distribute the sale proceeds in accordance with law to all the creditors. Therefore, when the property now sought to be sold has already been handed over to the Official Receiver, the executing Court rightly allowed the petition by granting stay of the execution proceedings. Hence, there are no grounds to interfere with the impugned order. The revision petition is devoid of merit and is liable to be dismissed. 5. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J February 21, 2011 MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1658 OF 2008 February 21, 2011