PAPPASANI NARAYANA REDDY Vs. MANDEM REDDAPPA REDDY

JUDGEMENT

(1.) The petitioner-plaintiff filed this revision petition aggrieved by setting aside the sale ordered in EP No.1/1992 for due execution of decree for recovery of amount obtained by him in OS No.50/81 by the Senior Civil Judge, Kadiri in EA No.40/ 94 dated 31-12-2001 as confirmed by the Additional District Judge, Anantapur in CMA No.7/2002 dated 26-12-2002.

(2.) This revision raises some points of practical importance in exercising the powers by the Civil Court under Order 21, Rule 90 of the Code of Civil Procedure (for short "the Code") to set aside the sale ordered by it in execution of decree and appropriate procedure for challenging its decision in ordering sale.

(3.) On filing EP No.1/92 by the petitioner-Decree Holder to sell the EP schedule property for due recovery of the decretal amount, the executing Court ordered sale notice to the respondent-Judgment Debtor. He engaged an advocate to defend his case. On failure of his filing counter, he was set ex parte and EP was adjourned for filing SP and EC. On filing SP and EC, the executing Court again ordered fresh sale notice and the respondent was set- ex parte though notice was served by affixture. Accordingly, property was auctioned on 27-8-1993. The petitioner- Decree Holder became the higher bidder for Rs.28,000/-. Before confirmation of sale, respondent filed above EA for setting aside the sale contending that sale notice was not served on him though he continuously residing at his native place, therefore affixture of the same by the Process Server is an irregularity and is not proper service. It was further contended that sale notice was published in newspaper by name Sadhana which was having a very little circulation. Further sale was not proclaimed in the village by beat of torn torn and sale notice was not affixed at the village Chavidi. He was not given an opportunity to give market value of the property and the sale, which was knocked down in favour of the respondent, is much below the market value and the sale is vitiated.