A C NAGARAJU Vs. N SREENIVASA REDDY

JUDGEMENT

(1.) This is an appeal filed under Order XLIII Rule 1 of the Code of Civil Procedure ('CPC' for brevity) against the order dated 6.3.2003 passed by the Senior Civil Judge, Hindupur in E.A. No.228 of 2002 in E.P. No.32 of 2001 in OS No.24 of 1998. Appellant is the Decree holder and respondent is the judgment debtor.

(2.) The appellant filed the suit to recover certain amount from the respondent. The suit was decreed. For realization of the decretal amount, the appellant filed E.P. No.32 of 2001. An item of immovable property was brought to sale on 15.2.2002. The appellant himself emerged as the highest bidder for a sum of Rs.1,20,000/-. The sale is yet to be confirmed.

(3.) The respondent filed E.A. No.228 of 2003 under Order XXI Rule 90 C.P.C. to set aside the sale of E.P. schedule property. He contended that the value of the property is about Rs.6,00,000/- as certified by the concerned Sub-Registrar whereas in the sale proclamation it was indicated as Rs.1,00,000/-. He contended that it was a clear case of mis-representation and fraud on the part of the appellant and he suffered gross injustice on account of the same. The other grounds pleaded by him were that the auction was held in the Court premises and not at the site of the property, the sale proclamation was defective, and the publication was made in English though it required to be published in the language of the locality.