ARETI MARAMMA Vs. STATE BANK OF INDIA SECUNDERABAD

JUDGEMENT

(1.) This revision under Section 115 of the Code of Civil Procedure is filed against the order of the learned Senior Civil Judge, Rajole in E.A.No. 77 of 2000 in E.P.No. 12 of 1999 in O.S.No.51 of l993.

(2.) The relevant facts may be briefly stated as under: Respondents 2, 3 and 4 borrowed certain amounts from the 1st respondent. They deposited the title deeds in respect of the property in R.S. No. 42/1 of Kattimanda village admeasuring 35 cents towards security and thereby created equitable mortgage in favour of the 1st respondent. Since the amount was not paid, the 1st respondent filed O.S. 51/93 against respondents 2,3 and 4. After the contest, the suit was decreed and a preliminary decree was passed for sale of the mortgaged property granting time for redemption. Since respondents 2, 3 and 4 failed to pay the amount within the time granted for redemption, steps were taken by the 1st respondent by filing E.P. 12/99 to bring the property to sale in accordance with the preliminary decree.

(3.) At that stage, the petitioner herein filed E.A. 77 of 2000 under Section 47 read with Section 151 CPC claiming that the property in question was conveyed to him through registered sale deed dated 9-1-1991. Since he was not made a party to the suit as required under Order 34 Rule 1 CPC, the decree is not binding on him and the sale cannot be proceeded with. This objection was turned down by the executing Court through its order dated 22-9-2000. The unsuccessful petitioner in E.A. 77/2000 cha llenges the order of the executing Court In this revision.