BYRAPURAM ABDUL SAMAD Vs. PINJARI CHAND BASHA

JUDGEMENT

(1.) This revision-petition is directed against the Order, dtd. 20/4/2015 in E.P.No.81 of 2014 in O.S.No.46 of 2014 on the file of Senior Civil Judge's Court, Nandikotkur, whereunder the Execution Court raised attachment over item No.1 of E.P., schedule and directed to hand over the said property to the Finance Company, which is having Hypothecation Agreement in its favour for the said property i.e., vehicle bearing No.AP21 TW 6275 (Mahindra Bolero Camper SC XL F vehicle), purchased by the respondent No.1/judgment-debtor under Hypothecation Agreement with the respondent No.2/Finance Company.

(2.) For the sake of convenience, the parties are referred to as they were arrayed in the execution petition proceedings.

(3.) The execution petition was filed by the decree-holder under Order XXI Rule 66 and 77 of the Code of Civil Procedure, 1908 (for brevity 'CPC') for sale of two (02) motor vehicles shown in E.P., schedule as item No.1 and item No.2, respectively, for recovery of decree amount due from the judgment-debtor. The learned Execution Court, after hearing both sides and considering their respective contentions, passed the impugned Order, partly allowing the execution petition for sale of item No.2 property only and simultaneously raised the attachment over item No.1 motor vehicle and released the property to the respondent No.2 i.e., Finance Company, which is having hypothecation agreement with the judgment-debtor for the said vehicle.