B M LAKSHMI NARAYANA Vs. V BHASKAR

JUDGEMENT

(1.) The petitioner herein is said to have purchased the petition schedule property from the 5th respondent under a registered deed of sale dtd. 4/8/2021 registered as a document No.2402 of 2021 and had been in possession of the said property since then.

(2.) The petitioner had subsequently come to know that the suit schedule property was the subject matter of a deed of sale dtd. 23/2/2015, in E.P.No.51 of 2012 in O.S.No.24 of 2001 in the Court of the Additional Senior Civil Judge, Chittoor. The petitioner upon coming to know of the said sale, when he was sought to be dispossessed from the said property, had approached the executing Court by way of E.A.No.44 of 2015 under Order 21 Rules 97, 98 & 101 Read with 47 of Civil Procedure Code, 1908 to set aside the deed of sale dtd. 23/2/2015 which had earlier been executed in favour of the respondents.

(3.) This petition of the petitioner, was rejected, at the threshold, by the executing Court, by a docket order dtd. 9/10/2023. The executing Court held that it would not have any jurisdiction to set aside the deed of sale executed on 23/2/2015 and the same had been executed in pursuance of the decree passed in O.S.No.24 of 2001 and in the proceedings initiated in E.P.No.51 of 2012 as well as the orders passed by this Court in C.R.P.No.1489 of 2023.