SAI ENTERPRISES Vs. BHIMREDDY LAXMAIAH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment passed by a learned Single Judge of the Andhra Pradesh High Court dismissing the Civil Revision petition filed under Article 227 of the Constitution of India, 1950 (in short the Constitution) read with Section 115 of the Code of Civil Procedure, 1908 (in short the Code).

(2.) Background facts in a nutshell are as follows:

(3.) Respondent No. 2 filed an application EA No. 90/01 in EP No. 1/99 under Order XXI Rules 69 read with Sections 47 and 151 of the Code seeking a direction to stop the auction to be held on 12.11.2001 and sought for adjournment of the matter for settlement of terms and conditions of sale. Fresh publication and proclamation of sale was made in newspaper namely, Neti Manadesam. Learned Civil Judge dismissed the application EA No. 90/91 in EP No. 1/99 filed by respondent No. 2. The said order was challenged before the High Court in CRP No. 6036/01. Again proclamation of sale was published in Neti Mandadesham and the decree holder purchased the property for Rs. 3, 12,000/- in OS No. 57/96. Thereafter the appellant filed an application EA No. 42/02 under Order XXI Rule 90 of the Code to aside the sale and to re-auction the schedule property, as the respondent No. 1 has not taken proper steps for wide publicity of the auction. It was stated that the value of the property was not less than rupees six lakhs. Objection was filed by the respondents. The judgment- debtor categorically stated in the counter that the value of the property is more than rupees 8 lakhs. The sale was confirmed on 24.1.2002. The High Court dismissed CRP filed by the judgment debtor-respondent No. 1. The appellant filed an application EA No. 107/03 in EA No. 42/02 in EP No. 1/99 to receive the valuation report issued. Learned Civil Judge dismissed the application. The High Court was moved. As noted above the High Court, dismissed the Civil Revision petition being of the view that allegations made in the petition are general in nature, and the affidavit with the petition does not disclose whether objection relates to non publication in the newspaper or places.