K ANURADHA Vs. RAMADEVI

JUDGEMENT

(1.) This civil revision petition arises out of order, dated 27.11.2008 in E.A.No.439 of 2008 in E.P.No.75 of 2007 in O.S.No.134 of 2006 on the file of the learned Principal Senior Civil Judge, Anantapur.

(2.) The petitioner is the third party claim petitioner. Respondent No.1 filed the suit based on mortgage. A preliminary decree was passed in the suit. The decree, to the extent it is relevant, is reproduced hereunder:

(3.) Respondent No.1 filed E.P.No.75 of 2007 for execution of the preliminary decree. The petitioner filed E.A.No.439 of 2008 to dismiss the E.P. Her case is that respondent No.2 - judgment debtor and her husband executed an agreement of sale, dated 02.11.2001, in her favour for sale of the suit property; that on their failure to execute the sale deed, she filed O.S.No.142 of 2004 for specific performance of agreement of sale and obtained a decree; that thereafter, she filed E.P.No.8 of 2005 on the file of the learned Senior Civil Judge, Anantapur and obtained a sale deed in her favour and that without impleading her as a party to the suit, respondent No.1 obtained a preliminary decree against respondent No.2. The petitioner further pleaded that since no final decree has been passed in O.S.No.134 of 2006, the preliminary decree is not executable.