P GANGANNA Vs. K SURENDRANATH

JUDGEMENT

(1.) These Civil Revision Petitions arise out of common order, dated 22-4-2010, passed in E.A. Nos. 300 and 301 of 2009 in EA No. 37 of 2009 in E.P. No. 62 of 2008 in O.S. No. 118 of 2007 on the file of the learned Additional Senior Civil Judge, Kurnool.

(2.) The petitioner is a third party to the suit and the E.P., mentioned above. Respondent No. 2 herein is the Judgment Debtor (hereinafter referred to as "the J.Dr") in O.S. No. 118 of 2007 filed by respondent No. 1. The said suit was decreed in favour of respondent No. 1-Decree Holder (hereinafter referred to as "the D.Hr") by judgment and decree, dated 18-12-2007. In order to execute the said decree, the D.Hr., filed E.P. No. 62 of 2008. The petitioner, who claimed to have purchased the E.P. schedule property, after passing of the decree, under a registered sale deed dated 11-7-2008 from the J.Dr., filed E.A. No. 37 of 2009 in the said E.P., resisting the execution on the ground that he is a bona fide purchaser for valuable consideration from the J.Dr. In the said E.A., the petitioner filed E.A. No. 300 of 2009 for summoning the Branch Manager of the Central Bank of India, Kurnool (for short "the Bank"), and E.A. No. 301 of 2009 for calling for three documents, viz., authorization letter stated to have been issued to the petitioner by the J.Dr., the payment slip for Rs. 1,50,000/- of loan account of the J.Dr., and the mortgaged documents pertaining to the house in question.

(3.) Both these applications have been dismissed by the learned Additional Senior Civil Judge under the order impugned in these revision petitions.