(1.) This civil revision petition is directed against an order in unnumbered E.P.No....... of 1998 in O.S.No.382 of 1997 dt 21-8-1998 on the file of the III Additional Senior Civil Judge, Visakhapatnam.
(2.) Execution petition was filed under Or.21 Rules 64 and 66 C.P.C. for sale of attached property before judgment. The office has taken an objection that in the decree schedule and the attachment list of the Amin the door number is mentioned as 33-25-12 but in the Municipal tax demand extract, encumbrance certificate and E.P. schedule door number is mentioned as 33-25-13 and hence the E.P. cannot be numbered unless the door number is amended. The Court below also observed that the subject matter of the E.P. is house property in Visakhapatnam Municipal Corporation and it will be identified through the door number only and consequently the E.P. was rejected. Aggrieved by the same the decree holder had filed the present civil revision petition.
(3.) Sri K. Srinivas Rao, representing Sri Raghuram had contended that mere mentioning of wrong door number is of no consequence since the specific boundaries had been given to identify the property and there is no dispute regarding the identification of the property and hence rejection of E.P. on that ground is unsustainable. The learned Counsel also had placed reliance in Messrs Roy and Company v. Nani Bala Dey and Subba Rao v. Azizunnisa Begam. The learned Counsel further argued that when a property is clearly identified by boundaries, mere mistake of giving wrong door number is of no consequence. The learned Counsel had drawn my attention to paras 33 and 34 of the judgment in Subba Rao's case wherein the Division Bench of this Court was pleased to observe as follows: