CHARLES JOSEPH Vs. MOHAMMAD MAZARUDDIN

JUDGEMENT

(1.) This revision is filed by the judgment-debtor in the decree passed in O.S. No.373 of 1992 on the file of the Principal Senior Civil Judge, Warangal.

(2.) Smt. Veronica, the second respondent herein, filed O.S. No.373 of 1992 against the petitioner for recovery of a sum of Rs.34,072/-. During pendency of the suit, the second respondent filed LA. No.1585 of 1992 under Order XXXVIII Rule 5 C.P.C. Through order dated 1.12.1992, the Trial Court effected attachment before judgment in relation to the property mentioned in the petition. The suit was decreed on 16.12.1994 and it became final.

(3.) Since the petitioner did not satisfy the decree, the second respondent filed E.P. No.50 of 1997 to bring the attached property to sale. The petitioner raised several objections from time to time, before the property attached in LA. No.1585 of 1992 was brought to sale. In the ultimate sale of the property that was held at the executing Court, the first respondent emerged as the highest bidder. He deposited the sale amount and a sale deed was also executed in his favour. He filed E.A. No.197 of 2003 under Rule 95 of Order XXI C.P.C., for delivery of the possession of the property, was filed. Through its order dated 5.1.2004, the executing Court allowed the application. Hence this revision.