ADDULA VENKAT REDDY Vs. L CHANDRA MOULI

JUDGEMENT

(1.) This civil revision petition, under Section 115 of the Code of Civil Procedure, is directed against the order dated 21.10.2008 passed in EP No.53 of 2007 in OS No.130 of 2005 on the file of the I-Additional Senior Civil Judge, Mahabubnagar, whereby the property of the judgment debtor was sold in auction by following the procedure provided for under Order XXI Rule 69(2) of the C.P.C.

(2.) The brief facts of the case are that the 1st respondent herein filed a suit being OS No.130 of 2005 on the file of the I-Additional Senior Civil Judge, Mahabubnagar, against the petitioner herein for recovery of money, and the same was decreed on 7.12.2006. However, as the said decretal amount was not paid, the decree- holder filed EP No.53 of 2007 in the suit seeking attachment and sale of the scheduled property. In the said E.P., the proclamation for sale of the attached property in auction on 27.8.2008 was published in Praja Shakti Telugu Daily Newspaper on 18.8.2008. But however, on 27.8.2008, the day on which the attached property was to be auctioned, the judgment debtor filed a petition seeking twenty days time for payment of the entire decretal amount and postponement of the said sale, and the said petition was allowed on that day itself grating time upto 24.9.2008, and as such, the sale was postponed and the matter was adjourned. Subsequently, since the judgment debtor could not deposit the amount within the time granted, the attached property was sold in auction on 21.10.2008 for an amount of Rs.4,50,000/-. Aggrieved thereby, the present civil revision petition is filed by the judgment debtor.

(3.) In the light of the aforesaid submissions, though technically the sale conducted in the present E.P. is not correct, the petitioner, having filed a memo in EP No.52 of 2007 in another suit admitting the sale of the attached property in the present E.P. and seeking tine decree holder to realize the decretal amount payable by him in connection with another suit from the sale proceeds in the present E.P., cannot go round and take an objection that the sale conducted in the present E.P. is not in accordance with Order XXI Rule 69(2) of C.P.C.