M JAYAMMA Vs. J NADAMUNI REDDY

JUDGEMENT

(1.) Aggrieved by the order of the Senior Civil Judge in O.E.P. No.17/99 in O.S. No.257/1990 dated 104-2000 posting the execution petition on 24-4-2000 for confirmation of sale of the E.P. schedule property that has taken place on 3-4-2000, without disposing of the claim petition i.e., E.A.No.38/2000, the present revision petition is filed.

(2.) The undisputed facts of the case are that the respondents filed O.S.No.257/90 for recovery of a sum of Rs.29,914/- on the basis of a pronote. The respondents seemed to have obtained attachment before judgment over the property held by the borrower. Subsequently the suit was decreed on 17-4-1993 and thereafter the legal representatives of the decree holders seemed to have filed E.P.No.17/99 for realisation of suit amount by bringing some of the properties of the J.Dr. for sale.

(3.) The execution Court seemed to have adjourned the E.P. for a considerable time to complete the formalities to bring the properties for sale. During the pendency of the execution petition, the J.Dr. died and his legal representatives were brought on record. Ultimately the execution Court passed orders on 24-1-2000 for issuance of proclamation of sale fixing the date of auction as 28-2-2000. Auction took place on 3-4-2000 and the 4th Decree Holder became the highest bidder in the said auction by offering a sum of Rs. 80,000/- for the properties included in the sale proclamation. At that stage the petitioner who is no other than the daughter-in-law of the J.Dr. filed E.A. No.39/2000 by contending that she purchased the suit schedule property from the deceased father-in-law on 30-9-1983 under an agreement of sale and sale consideration was paid in instalments. As she being the real owner of the suit schedule property the Court cannot bring the same to auction. She also filed and application along with E.A.No.39/2000 seeking stay of confirmation of sale and the same was dismissed instantaneously. At the same time the Court ordered notice on the claim petition and posted the matter to 27-4-2000.