THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.2102 of 2010 DT.12.8.2011 Between: Govada David Sunil Rao … Petitioner And Margadarshi Chit Fund Pvt Ltd, Station Road, Guntur rep by (DHR) Its manager & another … Respondents Counsel for the Petitioner: Sri Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.2102 of 2010 O R D E R: The petitioner is the 3rd party to the Judgment and Decree made in O.S.No.632 of 2005, on the file of the III Additional Senior Civil Judge, Guntur. The said suit was filed by the 1st respondent/Chit Fund Company, against the 2nd respondent Madduri Santhakumari, and a decree was passed on 15-6- 2007. It is stated that attachment of petition schedule property was made on 10-11-2005 in I.A.No.1148 of 2005, pending the suit. Therefore, the 1st respondent filed E.P.245 of 2009 for sale of attached property towards realisation of the decretal amount, but in the said E.P, the petitioner herein, who is a 3rd party to the suit, filed E.A.No.55 of 2010 claiming the said property and seeking relief of deferring of publication of auction to be conducted by the Court on 18-2-2010, and to direct the judgment-debtor to execute a regular sale deed in his favour, and the said claim petition is pending. The suit schedule property consists of 35 sq yards of vacant site. It is the case of the petitioner that he has also filed E.A.39 of 2010 seeking stay of all further proceedings including the sale of E.P schedule property in E.P.245 of 2009, but no orders have been passed so far. However, the executing Court without passing the orders in E.A.No.39 of 2010, passed the impugned order dated 12-3-2010 observing that the auction was held in the open Court on 12-3-2010 fixing the upset price at Rs.7,18,000/- and the auction was knocked down by Sri Kankanala Srinivas Rao, son of late Kotaiah for Rs.7,51,000/- as he being the highest bidder in the auction. Thereafter, the matter was posted for further hearing on 19-3- 2010. Questioning the said order, the petitioner has filed the present revision. This Court, while issuing notice before admission, by order dated 12-5-2010 granted stay of all further proceedings for a period of four weeks pursuant to the Court auction in E.P.No.245 of 2009 in O.S.No.632 of 2005, on the file of the III Additional Senior Civil Judge. When the matter is taken up on 5-8-2011, none appeared, therefore the matter was directed to be posted for dismissal today. Though the matter is posted for dismissal, I am of the opinion that the Court below ought to have considered and disposed of E.A.39 of 2010 in E.P.No.245 of 2009 filed by the petitioner seeking stay of all further proceedings including the sale in the said E.P. The said E.A.39 of 2010 was filed on 18-2-2010, and after filing the said application; the sale was conducted on 12-3-2010. Therefore, I am of the opinion that it will be just and proper to direct the executing Court to consider and dispose of E.A.39 of 2011, and till such disposal, the status quo obtaining as on today shall continue. Having regard to the facts and circumstances, the revision is disposed of directing the III Additional Senior Civil Judge to consider and dispose of EA.No.39 of 2011 in E.P.No.245 of 2009 in O.S.No.632 of 2005 within a period of four weeks from the date of receipt of this order. Till then, the status quo obtaining as on today shall be maintained. No costs. ______________ V. ESWARAIAH,J DATE: 12.8.2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.2102 of 2010 DATE: 12.8.2011