THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.789/2009 Date of Order: 4-3-2011 Between: 1. V. Varalakshmi and others ..Petitioners and 1. Aswadati Moulali and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.789/2009 Oral order: The petitioners, who are third party claimants to EP No.506/2004 in OS No.14/2002 on the file of Principal Junior Civil Judge, Machilipatnam, filed EA No.1869/2005 claiming exclusive title over the EP schedule property, namely, first item- Ac.1-00 of went land in R.S.No.225/2 of Tallapalem village in Bandar Mandal of Krishna and second item-Ac.1-00 of went land out of 6-27 cents in R.S.No.381/2-B of the same village. The executing court by order dt.15- 7-2008 partly allowed the petition raising attachment in respect of undivided share of Ac.0-25 cents in R.S.No.225/2 and undivided share of Ac.0-75 cents in R.S.No.381/2-B, holding that sale can be conducted in respect of undivided share of Ac.0-75 cents in R.S.No.225/2 and undivided share of Ac.0-25 cents in RS No.381/2-B of Tallapalem village to realize the decretal amount. Against the orders of the executing court, the petitioners filed AS No. 156/2008 before the VI Additional District & Sessions Judge, Krishna at Machilipatnam. The lower appellate court while issuing notice in IA No.218/2008, ordered that all proceedings in EP No.506/004 in OS No.14/2002 shall go on but confirmation of sale alone shall be stayed till 15-10-2008. The said appeal is still pending. On obtaining interim orders from the lower appellate court, the petitioners filed a memo before the executing court requesting it to demarcate the land in Ac.0-25 cents in item No.1 and Ac.075 cents in item No.2. Since auction went on pursuant to the interim order for the remaining extent of Ac.0- 75 cents out of Ac.1-00 cents in item No.1, (R.S.No.225/2) which is sufficient to meet the EP amount, the executing court passed an order on 5-1-2009 permitting the auction purchaser to remit the amount into court fee account by 6-1- 2009 and balance amount by way of challan in substitution of NJ stamps should be deposited on or before 19-10-2009. Questioning the same, the present revision is filed contending that the executing court without fixing the boundaries of the property allotting Ac.0-25 cents to the petitioners as per memo proceeded with the auction. This court do no find any merits in the revision for the reason the execution court has not confirmed the sale except completing the formalities. Since the confirmation of sale is stayed by the lower appellate court, the impugned order passed by the executing court will always be subject to the result of the appeal. Therefore, the Civil Revision Petition cannot be entertained and it is accordingly dismissed. No costs. _______________ A.GOPAL REDDY, J. Dt.4-3-2011 kmr