CHILAMKURTI BALA SUBRAHMANYAM Vs. SAMANTHAPUDI VIJAYA LAKSHMI

JUDGEMENT

(1.) This appeal is filed by the auction purchaser against the final judgment and order dated 23.12.2005 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Civil Misc. Appeal No. 1721 of 2000 whereby the High Court allowed the appeal filed by judgment debtor-respondent No.1 herein and set aside the order dated 20.04.2000 passed by the Senior Civil Judge, Kovvur in E.A. No. 1020 of 1999 in E.P. No. 46 of 1998 in O.S. No. 192 of 1987 dismissing the application filed by the judgment debtor under Order 21 Rule 90 read with 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code").

(2.) Facts of the case need mention, in brief, to appreciate the controversy involved in this appeal.

(3.) Respondent No.2-State Bank of India is the plaintiff/decree holder whereas respondent No.1 is the defendant/judgment debtor in O.S. No.192 of 1987. Respondent No.2 obtained a money decree for Rs. 5,15,390.00 against respondent No.1 on 16.01998 in O.S. No.192 of 1987 for the loan given to her by respondent No.2 and which remained unpaid by respondent No.1. Since respondent No.1 failed to satisfy the decree, respondent No.2 filed execution application and brought the schedule property owned by respondent No.1-judgment debtor to auction sale through the process server of the Court of Senior Civil Judge, Kovvur, in execution proceedings in E.P. No. 46 of 1998 in O.S. No.192 of 1987 for realization of decretal dues.