KORRU REDDI KUMAR Vs. M SURESH KUMAR REDDY

JUDGEMENT

(1.) The first respondent filed O.S. No.80 of 1996 in the Court of Senior Civil Judge, Madanapalle for recovery of Rs.90,625.00 against the Respondents 2, 3 and 4. The suit was decreed on 16-9-1998. Since the Respondents 2, 3 and 4 did not satisfy the decree, the first respondent initiated execution proceedings in the Court of the Senior Civil Judge, Madanapalle, which in turn were transferred to the Court of Senior Civil Judge, Punganur and numbered as E.P. No.16 of 1999. Certain items of landed property belonging to the fourth respondent were attached. When further steps were in progress, the appellant filed E.A. No.32 of 2000 under Order XXI, Rule 58 C.P.C.

(2.) The appellant contended that he entered into an agreement of sale with the fourth respondent on 5-8-1998 to purchase Items 8 to 12 of the E.P. schedule, for a consideration of Rs.40,000.00 and an amount of Rs.35,000.00 was already paid. On the strength of this agreement, he claimed that the said items of property cannot be proceeded with. The E.A. was resisted by the first respondent. Through its orders dated 23-4-2001, the Executing Court dismissed the E.A. Aggrieved thereby, the appellant filed A.S.No.31 of 2001 in the Court of the II Additional District Judge, Madanapalle. The appeal was dismissed through judgment dated 9-5-2001. Hence, this civil miscellaneous second appeal.

(3.) Sri K.G. Krishna Murty, learned Counsel for the appellant submits that the appellant had acquired substantial right in the property in question on the strength of the agreement of sale and the Courts below ought to have accepted the claim of the appellant. He submits that the agreement of sale was anterior to the decree and that the same cannot be ignored.