BOLLU PRABHAKAR RAO Vs. MARUVADA APPA RAO

JUDGEMENT

(1.) The 11th respondent herein, by name Kasireddy Satyanarayana, (for short 'the plaintiff') filed O.S.No.100 of 1996 on the file of the learned Senior Civil Judge, Vizianagaram, against Maruvada Venkata Rao and his son, Nageswara Rao, respondents 12 and 13 herein (for short 'defendants 1 and 2) (for short 'defendants 1 and 2), for recovery of certain amount. During the pendency of the suit, Venkat Rao died. However, the plaintiff did not bring the legal representatives of the deceased-defendant No.1 in the suit on record. Thereupon, the suit abated against Venkat Rao. After trial, the trial Court passed a decree on 11.02.1997 against defendant No.2.

(2.) During the pendency of the suit, an item of immovable property owned by defendant No.1 was attached before judgment under Order 38 Rule 5 C.P.C. After the decree became final, the plaintiff filed E.P.No.142 of 1997 in the Court of Senior Civil Judge, Vizianagaram. The attached item was brought to sale. The petitioner emerged as the highest bidder.

(3.) The legal representatives of defendant No.1 i.e., respondents 1 to 10 herein filed E.A.No.422 of 1998 raising objection to the sale of the property. According to them, once the suit abated, against defendant No.1, there was no basis to put an item of property held by him, to sale. The executing Court dismissed the E.A., through order dated 20.12.1993. Aggrieved thereby, respondents 1 to 10 filed C.M.A.No.7 of 2004 in the Court of I Additional District Judge, Vizianagaram. The appeal was allowed through order, dated 10.09.2008. Hence, this revision.