K.RISHIKESAVA NAGESWARA GUPTA Vs. BANK OF INDIA

JUDGEMENT

(1.) This Appeal, under Sec. 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellant/plaintiff challenging the Decree and Judgment, dtd. 21/2/2004, in O.S. No.22 of 1997 passed by the learned Senior Civil Judge, Gudur [for short 'the trial Court']. The Respondents herein are the defendants in the said Suit.

(2.) The Appellant/Plaintiff filed the above said suit praying the Court to set aside the Court sale dtd. 12/3/1996 conducted by the I Additional District Judge, Nellore in E.P.No.8 of 1988 in O.S.No.104 of 1975 on the ground of fraud played by the defendants and for consequential permanent injunction restraining the 5th defendant from interfering with the peaceful possession and enjoyment of the plaintiff to the plaint schedule property and for costs.

(3.) Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.