LAWS(APH)-2022-8-98

BURIDI SRINIVAS Vs. SRIKAKULAM MUNICIPAL CORPORATION

Decided On August 29, 2022
Buridi Srinivas Appellant
V/S
Srikakulam Municipal Corporation Respondents

JUDGEMENT

(1.) This revision petition is filed under Article 227 of the Constitution of India, is filed by the petitioner/claimant against the orders dtd. 24/3/2021 in E.P.No.52 of 2008 in O.S.No.3 of 2000 on the file of the Court of Principal District Judge, Srikakulam.

(2.) Heard the learned counsel for the petitioner and Sri M.Santosh Reddy, representing the learned counsel for respondent/municipality.

(3.) The main grievance of the revision petitioner is that he filed an application under Order XXI Rule 58 CPC in E.P.No.52 of 2008, but the execution Court is proceeding further with the sale of the property without disposing of the claim petition filed by him. On 24/3/2021, as per the docket proceedings of the execution Court, it is seen that the office made an endorsement that E.A. is pending. However, the Court recorded that 'counsel for DHr is present and no representation for JDr' and ordered fresh proclamation for sale by 26/4/2021 and posted the matter for further hearing on 3/5/2021, apart from ordering publication in Eenadu telugu daily news paper.