RAMOJI RUSHIKESH Vs. B.RAMANJANEYULU

JUDGEMENT

(1.) Judgment debtor filed the above revision against the order dtd. 2/2/2022 in E.A.No.42 of 2020 in E.P.No.78 of 2017 in O.S.No.81 of 2015 on the file of Junior Civil Judge, Guntakal.

(2.) Respondent/Decree Holder filed suit O.S.No.81 of 2015 against the revision petitioner for recovery of amount. Pending the suit, plaintiff filed I.A.No.199 of 2015 under Order XXXVIII Rule 5 of CPC to attach the petition schedule property. By order dtd. 7/9/2016 the said petition was allowed, and the attachment effected on 29/9/2015 was made absolute. Eventually, the suit was decreed on 7/9/2016. Pursuant to said decree and judgment, E.P.No.78of 2017 was filed under Order XXI Rules 64 and 66 r/w Sec. 151 of CPC, to conduct public auction of attached property to realize the E.P. amount. Auction was conducted on 12/7/2019. Judgment Debtor filed E.A.No.42 of 2020 under Order XXI Rules 89, 90 and 106 of CPC.

(3.) In the affidavit filed in support of the petition, it was contended interalia that decree holder filed the suit for recovery of money and the suit was decreed exparte; summons were not served on the petitioner; that plaintiff served notices by way of substitute service; that petitioner is in Kuwait from 4/9/2016; that recently few days back, site owners called the petitioner and informed about proceedings, then the petitioner got the proceedings; that mother of petitioner filed a petition under Order XXI Rule 90 of CPC and eventually, prayed the Court to set aside the sale.