KAVERI VENKATA SUBBA REDDY Vs. BAND YELTAMANDA REDDY

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal is filed against the judgment and decree of the District Court, Nellore, in A.S. No. 79/66 allowing the appeal and setting aside the order in E.A. No. 226/61 it E. P. No. 146/60 in S. C. No. 201/56 Sub-Court, Kavali and declaring that the court sale of the petition Schedule property held on 13-2-1961 in E. P. No. 146/60 was void.

(2.) The auction-purchaser, Kaverl Venkata Subba Reddy is the appellant in this appeal. The 2nd respondent, Talpagiri Ranganadha Swami Temple, represented by its Executive Officer filed S.C.Suit No. 201/56 on the file of the Sub-Court, Nellore. against Band! Yelamanda Reddy, the 1st respondenc therein, and obtiined a decree on 6-12-1957 for Rs, 1,500/- and odd. In execution of the said decree in E.P. 146/60, the properties were sold and purchased by the appellant. The Judgment-debtor thereupon filed an application E. A. No. 226/61 for setting aside the said sale under sections 47 and 151 and Order 21, Rule 90 C.P.C. The sale was challenged on various grounds, that the attachment of the petition-schedule property was illegal and Irregular, that there was material irregularity in the publication and conduct of the sale, that the sale of the property was void, that the execution proceedings were taken fraudulently without the knowledge of the judgment debtor, and that the judgment debtor suffered substantial Injury by reason of the irregularities and Illegalities in the conduct of the sale.

(3.) That petition was contested by both the auction purchaser and the decree-holder. The learned Subordinate Judge framed the following points:-