AQUADEV INDIA LTD Vs. KODE BASAVA VENKATESWARA RAO

JUDGEMENT

(1.) The plaintiffs, in an unnumbered suit presented in the Court of the Principal Senior Civil Judge, Ongole, filed this revision petition feeling aggrieved by the order, dated, 04-07-2011, passed by the trial Court.

(2.) The 1st respondent filed O.S No.10 of 1998 against the petitioner for recovery of a sum of Rs.6,61,027/-as arrears of salary. An ex parte decree was passed in the suit on 17-04-2003. Based on that decree, the 1st respondent filed E.P. No.33 of 2003 and got attached an extent of Acs.6.20 cents of land owned by the petitioner. The property was brought to sale and the 2nd respondent emerged as highest bidder.

(3.) The petitioner contends that it was under liquidation as a result of an order of this Court in C.P. No.84 of 1996, and that O.S. No.10 of 1998 filed in the Court of the Principal District Judge, Ongole, was not maintainable, when liquidation proceedings were in progress. Pleading that the 1st respondent played fraud on it and the trial Court, petitioner filed the present suit with a prayer to declare that the decree and judgment in O.S.No.10 of 1998, dated 17-04-2003, and consequential Execution Proceedings are null and void and for permanent injunction to restrain the respondents herein from interfering with its possession and enjoyment of the suit schedule property.