Y RAMA MOHAN REDDY Vs. DOMMALAPATI GAJA LAKSHMI

JUDGEMENT

(1.) These two civil revision petitions filed under Section 115 of the Code of Civil Procedure, 1908 (CPC), can be conveniently disposed of by a common order. They arise out of a common order dated 17.08.2007 in two execution petitions passed by the Court of the Senior Civil Judge, Madanapalle. The parties are referred to by their status in C.R.P.No.3948 of 2010. Except the first respondent - Gaja Lakshmi, respondent Nos.2 and 3 remained ex parte in spite of service of notices. The dispute in fact is between the petitioner, Y.Rama Mohan Reddy, and first respondent Gaja Lakshmi in relation to a house situated at Madanapalle.

(2.) A two storeyed cement concrete building situated at Madanapalle bearing door No.IV-1-4-2, plot No.l03/c in survey Nos.207, 201-1 (Paiki), situated at Bandameeda Kammapalle, Marpuri Street, Madanapalle town (hereafter called, petition schedule house), was originally owned by one Reddemma (respondent No.2). She borrowed some amounts from one Reddeppa Setty and Gaja Lakshmi. She also borrowed some money from the petitioner by duly executing a registered mortgage deed on 29.02.1996. The three borrowers (sic. lenders) filed the suits for recovery of the money. At different points of time there are decrees and execution petitions. The details of these are as follows.

(3.) The only point, in the background as above, that falls for consideration is whether the petitioner having obtained a mortgage deed in O.S.No.17 of 2000 is entitled to rateable distribution of the money held by the Court of the Senior Civil Judge, Madanapalle, along with the first respondent - Gaja Lakshmi.