GODAVARTHY VENKATESWARLU Vs. KUDITHIPUDI VENKATESWARA RAO

JUDGEMENT

(1.) The lack of proper care on the part of the Executing Court and the undue haste it has exhibited, has resulted in flagrant violation of several provisions of law and institution of numerous proceedings. The 1st respondent filed O.S. No. 45 of 2006 in the Court of Principal Senior Civil Judge, Tenali, against the petitioner, for recovery of Rs. 1,78,000/-. An ex parte decree was passed, on 29.12.2006. Thereafter, the 1st respondent filed E.P. No. 4 of 2009. An item of immovable property, viz., Acs. 2.40 cents of agricultural land, was sought to be proceeded. Sale was conducted on 30.05.2011.

(2.) The petitioner filed C.R.P. No. 2610 of 2011 pointing out certain irregularities in the execution proceedings. One of it was regarding valuation. The other was about violation of Rule 64 of Order XXI C.P.C. This Court disposed of the C.R.P., on 22.07.2011, leaving it open to the petitioner to file an application under Rule 90 of Order XXI C.P.C. Accordingly, E.A. No. 426 of 2011 was filed by the petitioner. However, that was dismissed for default on 22.02.2012 and on the next day, the sale was confirmed.

(3.) The petitioner approached this Court once again by filing C.R.P. No. 2494 of 2012. That was disposed of on 14.06.2012, permitting the petitioner to pursue the application for setting aside the order of dismissal for default passed in E.A. No. 426 of 2011. The application filed by the petitioner for stay of execution was returned. Ultimately, through order, dated 07.11.2012, the Executing Court recorded delivery of possession. The same is challenged in this revision.