V.BASAVAIAH Vs. CH.LAKSHMI

JUDGEMENT

(1.) THE 1st respondent filed O.S.No.1822 of 2006 in the Court of II Additional Senior Civil Judge, Ranga Reddy District, against the petitioner and the 2nd respondent, for recovery of certain amount, on the strength of a promissory note. An ex parte decree was passed, on 18-11-2008. Thereafter the 1st respondent obtained a precept and filed E.P.No.90 of 2009 in the Court of I Additional Senior Civil Judge, Vijayawada.

(2.) THE petitioner states that he filed I.A.No.88 of 2012 in the trial Court, under Order IX Rule 13 C.P.C., with a prayer to set aside the ex parte decree and since there was delay in filing the said application, he filed I.A.No.87 of 2012, under Section 5 of the Limitation Act. The application is said to be pending.

(3.) LEARNED counsel for the 1st respondent, on the other hand, submits that not only the property mentioned in the E.P was attached, but also it was brought to sale; sale certificate was issued and the possession of the property was delivered to the auction-purchaser. He contends that the Executing Court has taken the correct view of the matter.