THE HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No. 4687 OF 2009 Date: 05-12-2009 Between Chellingi Trinadha Swamy …..Petitioner Mehanthi Narayana and another …..Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No. 4687 OF 2009 ORDER: The petitioner – judgment debtor filed this revision against orders dated 11-09-2009 of the learned Junior Civil Judge in E.A No.444 of 2009 in E.A No. 291 of 2003 in E.P No. 26 of 2001 in O.S No. 60 of 1994 dismissing E.A No. 444 of 2009 filed under Section 148 CPC seeking extension of time from 10-09-2009 to another one month for complying with the order passed by the Executing Court in E.A No. 291 of 2003. For due execution of the decree, when E.P No. 26 of 2001 was filed for sale of the property and the sale was ordered, the petitioner filed E.A No. 291 of 2003 under Section 47 CPC to set aside the sale. The lower Court by an elaborate order allowed the E.A subject to payment of (1) a sum equivalent to five percent of purchase money for paying the same to the purchaser; (2) balance of decretal amount to pay the same to the decree holder; (3) poundage amount as per the rules; (4) interest @ 9% p.a on Rs.1,06,000/- from 30-04-2002 till the date of payment and (5) the costs incurred by the respondents. The lower Court further directed the petitioner to take steps to raise attachment over the amounts deposited by him and by the auction purchaser and ten days time was granted to him to comply with the said conditions, failing which it was ordered that the petition stands dismissed. Since the petitioner has not complied with the above conditions, he filed E.A No. 444 of 2009 seeking extension of time, as stated above. On dismissal of the E.A., the present revision is filed. This Court by order dated 09-1-2009, on the petitioner fully complying with the order passed by the learned Junior Civil Judge, Razone, dated 31-08-2009 in E.A No. 291 of 2003 in E.P No. 26 of 2001 in O.S No. 60 of 1994 before 23-10-2009, stayed the confirmation of sale. In obedience to the conditional order passed by this Court, the petitioner deposited a sum of Rs.89,000/- by way of challan and also filed a memo before the learned Junior Civil Judge, Razole on 23-10-2009 about compliance of the conditional order along with the original challan. The E.A was dismissed by the Court below in view of the contention of the counsel for the petitioner that the petitioner is not going to comply with condition No.4 and disputing regarding condition No.2 in respect of the orders in E.A No. 291 of 2003 on the ground that he intends to prefer a revision before this Court in respect of the orders in E.A No. 291 of 2003. In view of compliance with the conditions, time granted for deposit of the amount is hereby extended till the date of deposit, by allowing E.A No.444 of 2009 to the said extent. It is made clear that the respondent – auction purchaser is entitled to withdraw the amount deposited, since he is entitled to the same. For any further amounts towards the interest and costs incurred by him, he can make appropriate application before the lower Court. The Executing Court is directed to pass appropriate orders in the E.P filed by the respondent – decree holder. The revision is accordingly allowed to the extent indicated above. A. GOPAL REDDY, J 05-12-2009 ks