SABIRA Vs. KAMMILI RAJABABU

JUDGEMENT

(1.) Judgment Debtor filed the present Civil Miscellaneous Appeal against the order dtd. 5/10/2017 in E.A.No.180 of 2013 in E.P.No.61 of 2010 in O.S.No.648 of 2009 on the file of II Additional Senior Civil Judge, Vijayawada.

(2.) 1st Respondent, being plaintiff filed suit O.S.N.648 of 2009 against the appellant herein for recovery of an amount of Rs.1,14,795.00, principal being Rs.1,00,000.00. Plaint was presented on 15/6/2009. The address of defendant shown in the plaint is resident of TF/A1, D.No.40/15/19/2, Rajasree Enclave, Brundavan Colony, Labbipet, Vijayawada. Defendant, in the suit, was set exparte. Trial Court decreed the suit on 16/9/2009.

(3.) Pursuant to decree and judgment, Decree Holder initiated execution proceedings. E.P.No.61 of 2010 was filed on the file of II Additional Senior Civil Judge, Vijayawada under Order XXI Rules 54, 64, 66,72 and 82 of CPC. Rule 54 attachment was affected on 29/9/2010. On 8/3/2011 Judgment Debtor in E.P. was set exparte. On 27/4/2011, after filing of sale papers and encumbrance certificate proclamation was ordered. After settlement of terms sale notice was ordered to Judgment Debtor on 6/6/2011 and the same was returned unserved with an endorsement "no such named person in that address and whereabouts not known". On 15/11/2011 Executing Court ordered for steps. On 2/12/2011, publication was ordered to be published in "Krishna Herald". On 3/1/2012 the executing Court set the Judgment Debtor exparte. Decree Holder valued the property at Rs.1,25,000.00, Amin valued the property at Rs.10,50,000.00. As per the Market Value Certificate dtd. 17/3/2012, value of property is Rs.14,17,900.00.