G H GURUMURTHY Vs. KALE GOWDA

JUDGEMENT

(1.) THIS revision petition is filed by the petitioner/judgment-debtor challenging the order dated 30. 1. 2009 passed in Misc. 15/07 by the Principal Civil Judge (Junior Divn.), Arasikere. The said order was made on the application filed under Order VII, Order 11, Code of Civil procedure, (for short, the Code") by the petitioner herein and the same came to be rejected. Being aggrieved by the said order of rejection, this revision petition has been filed.

(2.) THE relevant facts of the case are that O. S. No. 439/77 was filed for recovery of a certain sum by the respondent against the petitioner herein. The said suit was decreed by judgment and decree dated 18. 12. 1980. Subsequently, Execution Petition No. 238/81 was filed by the respondent for execution of the said decree. In the said proceeding, by order dated 24. 10. 1981, the suit schedule property was attached and on 23. 9. 1988 there was a public auction of the said property and by another order dated 31. 8. 1989, the sale was confirmed.

(3.) IT would be of relevance to mention that the respondent herein who was the decree holder purchased the property in the auction. Thereafter, M. A. 25/89 was filed by the petitioner challenging the confirmation of sale which was dismissed by order dated 11. 4. 1990.