LAKSHMI FINANCE CO Vs. VANKAYALA VASUDEVARAO

JUDGEMENT

(1.) This C.R.P. is filed against an order dated 27-11-1998 dismissing the E.P. No.16 of 1998 in O.S. No.2/82 on the file of the Senior Civil Judge, Nuzvid, Krishna District.

(2.) The brief facts of the case are as follows: E.P. 16 of 1998 in O.S. 2 of 1982 on the file of the Senior Civil Judge, Nuzvid, was filed by the revision petitioner. Though it was numbered as E.P. 16/98, the E.P. was actually presented on 19-3-1996. Respondent No.11 in this revision had also obtained a money decree against the judgment-debtor in O.S. No.90 of 1979 on the file of the Senior Civil Judge, Nuzvid and E.P. No.ll of 1991 was filed and in execution of the said decree the auction was held on 28-10-1997 and the amounts were realised on 28-10-1997 and 4-11-1997.

(3.) The sale was confirmed on 20-1-1998 and the E.P. was closed on 20-4-1998. Incidentally, the Proprietor of Sri Lakshmi Finance Company, revision petitioner herein, was the successful bidder and thus the auction purchaser. The Court below had mainly negatived the relief to the revision petitioner under Section 73 of the C.P.C. on the ground that the E.P. was not filed even before the receipt of assets. Aggrieved by the same, the present revision is filed.