GUDE SESHU KUMARI Vs. S.V.APPALA SWAMY

JUDGEMENT

(1.) Impugning the Order dtd. 28/2/2007 in E.A.No.221 of 2006 in E.P.No.53 of 2004 in O.S.No.157 of 2002 on the file of the Court of Principal Senior Civil Judge, Narasaraopet,[In Short, the learned Senior Civil Judge] the judgment-debtor[In short, "J.Dr"] (J.Dr), preferred the present appeal.

(2.) A petition under Rule 90 of Order-XXI read with Sec. 151 of the Code of Civil Procedure,1908[In short 'the Code"] came to be filed in E.P. No.53 of 2004 by the Judgment Debtor seeking to set aside sale held on 3/3/2006 on the ground of fraud and misrepresentation, contending that the sale was not properly held and schedule property was sold at a lesser price. The said application was dismissed by the Executing Court on the ground that the J.Dr. failed to prove fraud or material irregularity alleged in conducting the sale of EP schedule properties.

(3.) Appellant herein was the Petitioner/judgment-debtor; respondent No.1 herein was the respondent decree- holder before the Executing Court. For the sake of convenience, the appellant and Respondent No.1 would be referred to as Judgment Debtor (J.Dr) and Decree Holder[In short, "D.Hr"](D.Hr) respectively, in this judgment. During the pendency of the present appeal, the D. Hr-cum-auction purchaser died, Respondent No.2, who is his legal representative, was added, vide order in I.A.No.2 of 2022 dtd. 12/4/2022.