THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3184 OF 2008 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the docket order, dated 18.04.2008, in E.A.No.136 of 2008 in E.P.No.61 of 2005 in O.S.No.43 of 2000, on the file of the Senior Civil Judge, Narasapur, whereunder and whereby, the application filed by the mother of respondent Nos.1 to 4 herein, who are minors, as a natural guardian, to permit her to deposit the Execution Petition warrant amount and other incidental charges like poundage, commission etc., was allowed. 2. Heard the learned counsel for the petitioner. 3. The impugned docket order reads as follows: “Counter not filed. Heard counsel. Petition allowed and attachment raised.” 4. Learned counsel for the petitioner contended that under Order XXI Rule 92 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) a petition to set aside the sale has to be filed within sixty days from the date of sale and that such petition was not filed; that aspect has not been considered by the executing Court in accordance with law and hence, he prays to set aside the impugned order. 5. Order XXI Rule 89 C.P.C. is in the nature of an indulgence to the judgment debtor. It provides the ‘last chance’ of getting the sale set aside before it is confirmed. But an application under the said provision can be made within sixty days from the date of sale as per Article 127 of the Limitation Act, 1963. 6. Merely because the petitioner herein has not filed counter in the application under Order XXI Rule 89 C.P.C. that does not mean that the application has to be allowed. It has to be considered in accordance with law. But, the same has not been considered in accordance with law. Therefore, the impugned order is liable to be set aside. 7. Accordingly, the Civil Revision Petition is allowed setting aside the docket order, dated 18.04.2008, in E.A.No.136 of 2008 in E.P.No.61 of 2005 in O.S.No.43 of 2000, on the file of the Senior Civil Judge, Narasapur and the matter is remitted to the executing Court to pass appropriate orders, after hearing both sides, in accordance with law. There shall be no order as to costs. _______________ K.C. BHANU, J September 23, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3184 OF 2008 Between: Pilla Ramamohanan Rao .....PETITIONER AND Vanka Aswini and others ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3184 OF 2008 September 23, 2010