C.R.P No. 4470 of 2010 · Andhra Pradesh High Court

This revision petition is directed against the order dated 23-08-2010 in E.A.No.352 of 2010 in E.P.No.133 of 2009 in O.S.No.171 of 2005 on the file of the Principal Senior Civil Judge, Tenali, wherein, the said application, filed by the petitioner herein, 2nd J.Dr. in the E.P., under Order 21 Rule 69 and Section 151 CPC, for adjourn of the sale, was dismissed.

Heard the learned counsel for the petitioner and the

learned counsel for the 2nd respondent. Perused the record.

The petitioner/J.Dr. has filed E.A.No.352 of 2010 for stoppage of the sale on the ground that the valuation given by the D.Hr. is far below the market value and the Amin value also does not reflect the proper market value and if the sale is conducted on the basis of the valuation mentioned by the Amin or the D,Hr., the petitioners/J.Dr. would be sustained loss.

According to the petitioner/J.Dr. the valuation as per the Sub Registrar’s Office is much higher.

The learned counsel for the D.Hr. would submit that the sale was, in fact, conducted on 23-08-2010, and hence, question of the stopping the sale at this stage does not arise.

Once the sale is already conducted, E.A.No.352 of 2010 has since become infructuous. Hence, the question of stopping the sale at this stage does not arise. It is open to the petitioner/J.Dr. to take further steps and avail appropriate remedies available under law, if he is aggrieved that the sale is vitiated on account of any irregularity.