MANDATI TIRUPATHIREDDY Vs. IMMADISETTI VENKATA NARASIMHA RAO

JUDGEMENT

(1.) This revision, under Sec. 115 CPC, is preferred against the order, dtd. 10/4/2018, passed in E.P.No.160 of 2011 in O.S.No.189 of 2009 on the file of the Court of Principal Junior Civil Judge, Markapur, terminating the execution petition by recording full satisfaction and directing issuance of challan for Rs.56,100.00towards NJ stamps.

(2.) Heard Sri Sadu Rajeswara Reddy, learned counsel appearing for the revision petitioner. Though the 1st respondent/DHr has entered appearance, there is no representation. The 2nd respondent has been impleaded vide orders, dtd. 4/10/2018, of this Court passed in I.A.No.3 of 2018. Though notice was served on the 2nd respondent/auction purchaser, who was subsequently impleaded, no appearance has been made.

(3.) The suit is filed by the 1st respondent/Decree Holder/plaintiff for realization of Rs.77,172.60 paise basing on a registered mortgage deed, dtd. 22/5/2006, borrowing an amount of Rs.50,000.00 repayable with interest @ 18% per annum and for suit costs. Though the defendant has initially made appearance through a counsel, the suit was decreed ex parte, on 15/9/2009, for a sum of Rs.77,172.60 paise with subsequent interest @ 12% per annum on Rs.50,000.00 from the date of suit till the date of decree and with further interest @ 6% per annum thereon granting three months time for redemption.