JAGARLAMUDI BAPUJI Vs. JAGARLAMUDI RAMADEVI

JUDGEMENT

(1.) THE 1st respondent filed O.S.No.44 of 1991 against the

(2.) ND respondent in the Court of Junior Civil Judge, Ponnur, for recovery of certain amount. The suit was decreed, and after the decree became final, the 1st respondent filed E.P.No.15 of 1997 against the 2nd respondent for enforcement of the decree. Attachment before judgment was obtained in respect of an item of immovable property. Thereafter, the property was put to sale on 04 -08 -1999. The petitioner emerged as the highest bidder. The sale in favour of the petitioner was confirmed and a sale certificate was issued on 15 -12 -1999 on deposit of the entire sale consideration. 2.During the pendency of the execution proceedings, the 2nd respondent died. Therefore, his legal representatives i.e. respondents

(3.) THE 6th respondent filed O.S.No.89 of 2001 against the 1st respondent in the Court of Senior Civil Judge, Bapatla with a prayer to declare that herself and her husband are the absolute owners of the property, which was sold in auction, in E.P.15 of 1997. The petitioner herein is said to have been made as party to the suit. The suit was dismissed on 02 -07 -2007. Thereupon, the 6th respondent and her husband, filed A.S.No.216 of 2007 in the Court of Principal District and Sessions Judge, Guntur. The appeal was dismissed with costs on 24 -03 -2009. After this ordeal, the petitioner filed E.A.No.555 of 2010, under Rule 92 of Order XXI C.P.C., with a prayer to deliver the vacant possession of the E.P schedule property.