LAWS(APH)-2023-7-74

CHANDOLU RAMA RAO Vs. POTHURI RAMBABU

Decided On July 31, 2023
Chandolu Rama Rao Appellant
V/S
Pothuri Rambabu Respondents

JUDGEMENT

(1.) In the present case an anomaly arose out of nonobservation of the Circular of the High Court for the State of Telangana and the State of Andhra Pradesh vide ROC No.1911/SO/2016 dtd. 21/7/2016 directing all the Judicial Officers working in the state of Andhra Pradesh to forward a copy of order directing or raising attachment of any property to the Registrar or Sub-Registrar concerned for the record purpose.

(2.) This revision petition is filed under Sec. 115 CPC against the order dtd. 19/9/2019 dismissing petition in E.A.No.3 of 2019 in E.P.No.27 of 2014 in O.S.No.11 of 2013 on the file of the Court of Senior Civil Judge, Addanki filed by the auction purchaser under Order 21 Rule 90 CPC to cancel the sale dtd. 4/4/2017 in E.P.No.27 of 2014 and for refund of the amount of Rs.30,04,000.00 with accrued interest to the petitioner.

(3.) The facts leading to filing of the petition and the case of the petitioner/auction purchaser are briefly as follows: The 1st respondent got a decree in O.S.No.11 of 2013 against the second respondent and filed E.P.No.27 of 2014 for realization of the decreed amount by sale of the property of the second respondent/JDr. EP schedule property: Prakasam District - Markapuram District Registration - Addanki SRO - Korisapadu Mandal - Pichikalagudipadu village - Survey No.374 - An extent of Ac.8.97 cents of dry land within the following boundaries: East: Kalikam China Raghava Reddy South: Ragam Yanadi West: Panthulu Subba Rao North: Karavadi Meeravali