Vemuri Vijayalakshmi v. Dr.Busi Anjeyya

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Civil Revision Petition No.6532 of 2018 ORDER:

This Civil Revision Petition is filed by the petitioners/J.Drs 1 to 3 challenging the proceedings dated 22.10.2018 in E.P.No.2 of 2016 in O.S.No.165 of 2011 on the file of Principal District Judge, West Godavari, Eluru, wherein the learned Judge conducted auction of the E.P Schedule Property.

2) The petitioners seek to set aside the sale on the ground that some irregularities were committed in the course of conducting auction. 3) Be that it may, when the matter came up for hearing, it is informed to this Court that the J.Drs have filed petition under Order 21 Rule 90 CPC and the same is pending for consideration before the Execution Court.

4) In that view and as there is a petition under Order 21 Rule 90 CPC seeking to set aside the sale on the ground of irregularities or fraud, this Civil Revision Petition is not maintainable. The petitioners can pursue their remedies available under law.

5) Accordingly, this C.R.P is dismissed.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Date: 21.12.2018 scs