LAWS(APH)-2023-1-115

Y. RAMI REDDY Vs. R. ESWAR REDDY

Decided On January 24, 2023
Y. Rami Reddy Appellant
V/S
R. Eswar Reddy Respondents

JUDGEMENT

(1.) These Civil Revision Petitions arising out of Orders passed by the learned III Additional District Judge, Kurnool at Nandyal in Civil Miscellaneous Appeal No.15 of 2014 and Civil Miscellaneous Appeal No.16 of 2014, dtd. 27/2/2015 which preferred against Orders passed in petitions filed by the petitioner in EA No.195 of 2009 and EA No.196 of 2009 in EP No.238 of 2007 in OS.No.89 of 2007 on the file of learned Principal Senior Civil Judge, Nandyal, dtd. 31/10/2014. Since the question of law and contents to be dealt with in both the Civil Revision Petitions are similar, can be disposed of by a Common Order.

(2.) The CRP No.2614 of 2015 has been filed against the Common Order and decree passed in EA No.196 of 2009 in EP No.238 of 2007 in OS.No.89 of 2007, dtd. 31/10/2014 which confirmed in CMA No.16 of 2014 on the file of learned III Additional District Judge, Kurnool at Nandyal. The CRP No.2536 of 2015 has been filed against the Common Order and decree passed in EA No.195 of 2009 in EP No.238 of 2007 in OS.No.89 of 2007, dtd. 31/10/2014 which confirmed in CMA No.15 of 2014 on the file of learned III Additional District Judge, Kurnool at Nandyal.

(3.) The respondent/Decree holder obtained money decree against the petitioner in OS.No.89 of 2007, dtd. 16/7/2007 on the file of Senior Civil Judge, Nandyal. After obtaining the decree, the respondent filed EP No.238 of 2007 for sale of immovable property of petitioner, which is an agricultural land, to an extent of Ac.5.05 cents, wherein the sale was conducted on 12/8/2008, and confirmed on 20/10/2008 and sale certificate was issued on 20/10/2008, and the EP schedule property delivered to the respondent on 9/3/2009. Then, on 6/4/2009 the revision petitioner has filed EA No.195 of 2009 to set aside the ex parte Order passed in Execution Petition, dtd. 26/10/2007 and also filed EA No.196 of 2009 under Order 21, Rule 90 of CPC to set aside the sale, dtd. 12/8/2008.