IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.752 OF 2005 Between: Gunda Peda Venkateswarlu ..... PETITIONER AND Madhavarapu Nagabhushanam ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.752 OF 2005 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 03.02.2005, in E.A.No.63 of 2005 in E.A.No.4 of 2005 in E.P.No.60 of 2003 in O.S.No.371 of 1987, on the file of the Principle Junior Civil Judge, Gurujala, whereunder and whereby, the petition filed by the respondent/decree holder to direct the Station House Officer, Dachapally Police Station, to render necessary police aid to the bailiff for delivery of the possession of the suit schedule property, was adjourned to 21.02.2005 for hearing the maintainability of the application and Execution Petition. 2. Heard. 3. As on today, the sale has not been challenged by filing necessary application as required under the provision of Order XXI of the Code of the Civil Procedure, 1908. However, the learned counsel for the petitioner stated that the petitioner/judgment debtor No.3 filed O.S.No.58 of 2010 challenging the sale, which is pending. Therefore, the rights of the judgment debtor has to be established in a regular suit that was filed. Pendency of the suit is not a bar for delivery of the property. The rights and interest of the judgment debtor can as well be agitated in the suit, which was pending. The sale has already been confirmed on 05.07.2004. Apprehending that the delivery may be obstructed, the auction purchaser/respondent rightly sought for permission to give police aid to the bailiff for the delivery of the possession. Hence, the impugned order needs no interference by this Court. 4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J October 05, 2005 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.752 OF 2005 October 05, 2005