MALEMPATI HARINARAYANA Vs. VANKAYALAPATI SUBBA RAO AND OTHER

JUDGEMENT

(1.) This revision is filed under Section 115 CPC challenging the order dated 09-12-2002 in C.M.A. No. 2 of 1999 of the Senior Civil Judge, Addanki modifying the order dated 29-12-1998 in E.A. No. 576 of 1996 in E.P. No. 31 of 1994 in O.S. No. 103 of 1979 on the file of Principal Junior Civil Judge, Addanki. Heard Sri. Korrapati Subbarao, learned counsel for the petitioner, Sri. Nimmagadda Satyanarayana, learned counsel for the 1st respondent and respondents 6 and 7, Sri. G. Pedda Babu, learned counsel for the 2nd respondent and Sri. G. Subba Rao, learned counsel for the 5th respondent. None appeared for the 4th respondent. By order dated 23-12-2011, C.R.P. was dismissed for default as against the 3rd respondent.

(2.) The suit O.S. No. 103 of 1979 was filed on the file of Principal Junior Civil Judge, Addanki by the 2nd respondent on the basis of a promissory note against the 1st respondent. The said suit was decreed on 11-12-1984. E.P. No. 31 of 1994 was filed by the decree holder/2nd respondent to bring the E.P. schedule properties (three items) to sale to recover an amount of Rs. 18,449/- as per the above decree. During the pendency of suit itself, the E.P. schedule properties had been attached under Order 38 Rule 5 CPC in I.A. No. 700/1979 on 13-07-1979. The three properties which were brought to sale in the E.P. are as under:

(3.) Item No. 3 consists of three properties an extent of Ac. 1.42 cents in Sy. No. 138/1, an extent of Ac. 0.49 cents in S. No. 140/6 and an extent of Ac. 0.05 cents in S. No. 140/8 and the total extent is Ac. 1.96 cents situated in Pamidipadu village.