HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CIVIL REVISION PETITION No.2211 OF 2003 Date of Order: 07.06.2011 Between: Burri Saidulu ..Petitioner and Nallamalla Venkateshwara Prasad and another ..Respondents The Court made the following Order: HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CIVIL REVISION PETITION No.2211 OF 2003 ORDER:- The revision petitioner is said to be a mortgage holder of the schedule property, which was sold in execution of the decree in O.S.No.87 of 1997 on the file of the Senior Civil Judge, Miryalaguda. E.A.No.137 of 2000 was filed claiming interest in the property that was attached and sold. The petition was dismissed. Evidently if a valid mortgage is there, a collusive decree or sale will not bind the petitioner. The revision petitioner could have instituted a suit for enforcement of the mortgage but no such steps were taken. Therefore, the claim of the petitioner was rightly rejected and the petitioner is at liberty to enforce the mortgage and the Court shall decide about the validity of the mortgage and the consequential binding nature of the same with regard to the proceedings in O.S.No.87 of 1997. With the above observation, the Civil Revision Petition is disposed of. There shall be no order as to costs. _________________________ N.R.L.NAGESWARA RAO, J 7th June, 2011 LMV HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CIVIL REVISION PETITION No.2211 OF 2003 Date: 07.06.2011 LMV