AMALAKANTI LAKSHMI SAROJA Vs. CHALUVADHI RAGHAVAMMA

JUDGEMENT

(1.) This Civil Revision Petition (CRP) is filed against order dated 05-11-2012 passed in C.M.A. No.21 of 2011on the file of the Court of IV Additional District Judge, Kakinada (CMA) confirming order passed in E.A. No.177 of 2010 in E.P.No.249 of 2005 in O.S.No.242 of 1988 on the file of the Court of II Additional Senior Civil Judge, Kakinada (EA).

(2.) The petitioner herein is the appellant in the CMA, claim petitioner in the EA, third defendant in the suit and third judgment debtor (JDr No.3) in the E.P., the first respondent herein is the first respondent in the EA, plaintiff in the suit and decree holder in the E.P., the second respondent herein is the second respondent in the EA, first defendant in the suit and first Judgment Debtor (JDr No.1) in the E.P., the third and fourth respondents herein are also the third and fourth respondents in the E.A. whereas the fifth respondent is the fifth respondent in the EA, second defendant in the suit and second Judgment Debtor in the E.P. For convenience sake, I refer the parties as arrayed in the EA.

(3.) The E.P. was filed by virtue of decree dated 02-07-1993 passed in favour of the first respondent i.e., the plaintiff in O.S.No.242 of 1988 on the file of the Court of II Additional Senior Civil Judge, Kakinada and got the property scheduled therein sold on 28-10-1998 which was confirmed on 10-10-2004. The petitioner filed the E.A. under Order XXI Rule 90 r/w Sections 47 and 151 of Code of Civil Procedure, 1908 (CPC) to set aside the sale of the property and its confirmation in the E.P proceedings on the ground of committing irregularities in conducting the sale.