THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.2951 of 2008 ORDER: This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure against the docket order, dated 09.06.2008 passed by I Additional Senior Civil Judge, Vijayawada in E.P.No.60 of 2006 in O.S.No.1081 of 2004, whereby proclamation of sale of the E.P schedule property was ordered. The petitioner, who is a third party to the E.P proceedings, filed E.A.No.241 of 2008 in the above E.P. stating that she is the elder daughter of the second respondent judgment debtor; that her marriage was performed on 27.11.1987 and at the time of marriage, the judgment debtor promised to give her some property out of his estate towards “pasupu kumkuma” and that to keep his promise, the judgment debtor orally agreed to give petition schedule property to her towards “pasupu kumkuma”. In pursuance of the said promise, in the partition effected on 16.01.1999, the petition schedule property fell to the share of the claim petitioner, and therefore, her rights have to be decided in the petition schedule property. In the affidavit filed in support of the E.A., except stating that the second respondent judgment debtor, his sons and another daughter entered into partition deed on 16.01.1999 to fulfill the promise of the second respondent made towards the claim petitioner, it is nowhere stated that she was inducted into the petition schedule property and possession of the same was handed over to her. Further, it is brought to the notice of this Court that the E.P schedule property, which is now ordered for sale, was already subject matter of E.P.No.130 of 2006 in OS.No.138 of 2002 and the same was sold in execution of the decree passed in the said suit and that the sale was also confirmed in favour of the auction purchaser in the said E.P. However, as the petitioner filed the above E.A claiming the petition schedule property, the Executing Court has to decide such claim petition before proceeding further with the E.P. In view of the same, the lower Court is directed to take up the E.A filed by the petitioner and pass appropriate orders, if not already passed. Subject to the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. _________________ A. GOPAL REDDY, J Date: 01.02.2011 va