PANDA VENKATA RAO Vs. PADYALA VENUGOPALA PRASAD

JUDGEMENT

(1.) This Civil Revision Petition is filed by the Decree Holder/Plaintiff under Sec. 115 of C.P.C., against the order, dtd. 5/11/2012, in C.M.A. No. 5 of 2010 on the file of the Appellate Court below i.e., Senior Civil Judge Court, Repalle, Guntur District.

(2.) The parties herein after will be referred to as 'petitioner'/judgement debtor and 'respondent'/decree holder as arrayed before the appellate court in C.M.A. No. 5/2010.

(3.) The facts leading to the present revision petition are that the respondent/decree holder filed suit in O.S.No.286 of 2000 on the file of Prl. Junior Civil Judge Court, Repalle and obtained a Decree for Rs.1,12,044.00. The respondent filed EP 5 of 2003 to attach Ac.3.56 cents of petitioner, and to sell the same property for Rs.6,12,000.00 against the warrant amount of Rs.1,17,522.00, for realization of the decretal amount. The value of the schedule property per acre as per the Government is Rs.4,66,360.00. The market value of the entire schedule property was more than Rs.25.00 lakhs @ Rs.7.00 lakhs per acre. The executing court ought to have Ac.1.00 itself which would be sufficient to satisfy the warrant amount of Rs.1,17,522.00. But the Executing Court violated the provisions of Order 21, Rule 64 of the Code of Civil Procedure, 1908 (for brevity hereinafter referred to as 'CPC') and sold the entire property. Hence, the respondent filed E.A. No.34 of 2010 in E.P.No.5 of 2003 in O.S.No.286 of 2000 before the executing court to set aside the sale.