RUDRARAJU SUBBARAJU Vs. MANTHENA SRINIVASA RAJU

JUDGEMENT

(1.) The petitioner had purchased Ac.0.17 cents of land in Ganapavaram Village and Mandal, West Godavari District from Jampana Sai Bhasakara Raju, who is the 3rd respondent in the revision petition under, a registered deed of sale dtd. 7/6/2015.

(2.) The petitioner states that he subsequently came to know that O.S.No.121 of 2015 on the file of Senior Civil Judge, Tadepalligudem had been filed for recovery of debt under a promissory note and the property purchased by the petitioner was also attached. O.S.No.121 of 2015 was subsequently decreed and E.P.No.38 of 2016 was filed for execution of the said decree by sale of the property purchased by the petitioner.

(3.) At this stage, the petitioner moved E.A.No.32 of 2023, before the Executing Court (Senior Civil Judge, Tadepalligudem) under Rules 97 to 101 of order XXI of C.P.C for protecting his title and possession over the property. This application was dismissed on 28/4/2023 by the Executing Court on the ground that a pendente lite a purchaser cannot resist execution by relying upon a Judgment of the Chattisgarh High Court reported in Gokul Prasad vs. Chunnilal and another.,2002 CCC 564. The Executing Court also went into the merits of the case apart from the question of limitation raised by the petitioner and held against the petitioner.