MADAPPA Vs. LINGAPPA

JUDGEMENT

(1.) CIVIL Revision Petition No. 75 of 1981 by the petitioner is directed against the order dated 20 -11 -1980 passed by the Munsiff, Mandya, in Misc. No. 57 of 1976 filed under Sec. 47 C.P.C. dismissing the same. Regular Second Appeal No. 363 of 1981 by the defendant is directed against the judgment and decree dated 9 -1 -1981 passed by the Civil Judge, Mandya, in R.A. No. 320/76 confirming the judgment and decree dated 411 -1976 passed by the Additional Munsiff Mandya, in O.S. No. 126 of 1975 decreeing the plaintiffs suit

(2.) THE revision petitioner in D.R.P. No. 75 of 1981 is the appellant in the second appeal. He has been referred to as the petitioner throughout in the course of this judgment.

(3.) RESPONDENT -1 Lingappa filed a suit against the petitioner, in O.S. No. 212/63 to recover Rs. 245/ -. The said suit was decreed ex parte on 19 -6 -1963. Respondent - 1 Lingappa sued out execution in Execution No. 966/63 for executing the ex parte decree. In the said execution, he got attached the revision petitioner's two lands including S. No. 6/1 on 6 -&1%3. Thereafter the petitioner filed Misc. No. 175/63 under Order 9 Rule 13 C.P.C. to set aside the ex parte decree passed in O.S. No. 212/63. The said Misc. No. 175/63 was allowed and the ex parte decree passed in O. S. No. 212/63 was set aside and the suit was restored to file. Thereafter a fresh decree was passed by consent in O.S. No. 212/63 on 23 -6 -1964. Thereafter respondent -1 Lingappa the plaintiff in O.S. No. 212/63 sued out execution in Execution No. 573/70 in order to execute the said consent decree. S. No. 6/1 belonging to the petitioner who was defendant in O.S. No. 212/63, was sold by court auction on 21 -6 -1971. The decree holder respondent 1himself purchased it with the permission of the court. The sale was confirmed on 21 -7 1971. Thereafter respondent -1 Lingappa filed Misc. No. 124/72 and obtained delivery of possession of the property on 10 -10 -1972.