GOSU VENKATA SESHA REDDY Vs. VALLURU KRISHNAIAH NAIDU

JUDGEMENT

(1.) The judgment-debtors in E.P. No. 164 of 2000 in O.S.No.815 of 1996 on the file of the Court of I Additional Junior Civil Judge, Nellore, are the petitioners. They challenge the docket order dated 27-8-2004, through which, the Executing Court confirmed the sale.

(2.) The respondent filed the suit for recovery of certain amount from the petitioners. He obtained attachment, under Order 38 Rule 5 C.P.C., in relation to an item of immovable property belonging to the petitioners, before judgment. The suit was decreed on 22-3-1999, and the decree became final.

(3.) The respondent filed E.P. No. 164 of 2000 for execution of the decree. Since the property was already under attachment, sale notification was published and auction was held on 26-7-2004. The respondent participated in the auction with the permission of the Court and emerged as the highest bidder for a sum of Rs.1,15,000/-. The Executing Court confirmed the sale through the order under revision.