Kesidi Madhusudhan Redy , Kesiredy Madhusudhan Reddy Vs Bollam Balakrishna

The petitioner is a third party objecting to the decree in question obtained by the 2^nd respondent against the 3^rd respondent. The property of judgment debtor was put to sale. Petitioner has unsuccessfully filed a claim petition, which is now pending in first appeal. In execution of the decree, the 1^st respondent/auction purchaser appears to have purchased the property, who has now been granted order for delivery of possession. Petitioner, as a third party, seeks to question the said order in this revision and sought leave of this Court for that purpose. By order, dated 09.10.2012, leave was granted subject to objections.

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Today the matter is heard.

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I find that petitioner, as a third party, has already invoked appropriate remedy by filing claim petition, which is now pending in first appeal. It is, therefore, open for the petitioner to request the appellate court to protect his interest pending the said appeal. Petitioner is at liberty to move the appellate court where his appeal viz., A.S.No.63 of

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2010 is pending and request the appellate court to seek protection pending appeal.

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Subject to the observation above, the Civil Revision Petition is dismissed. The miscellaneous applications, if any, stand dismissed. There shall be no order as to costs.

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____________________________ VILAS V. AFZULPURKAR, J

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16.10.2012 Note:C.C. by 17.10.2012 B/o lmv

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HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

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CIVIL REVISION PETITION No.5121 OF 2012

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16.10.2012

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lmv

Kesidi Madhusudhan Redy , Kesiredy Madhusudhan Reddy v. Bollam Balakrishna

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Kesidi Madhusudhan Redy , Kesiredy Madhusudhan Reddy v. Bollam Balakrishna

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