PRAGALLAPATI GANGARAJU S O NARASIMHA MURTHY Vs. K SATYANARAYANA S O GANGARAJU KALAVALAPALLI CHAGALLU WEST GODAVARI

JUDGEMENT

(1.) The petitioner invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India for setting aside the order, dated 16-09-2005, passed by the learned Senior Civil Judge, Kowur, in dismissing I.A.No.1425 of 2005 filed in I.P.No.31 of 2004, by the petitioner to stay the proceedings of the Official Receiver pending disposal of the application filed by him under Order IX Rule 13 CPC.

(2.) The facts, which are not in dispute, are as under: The vendor of the revision petitioner filed I.P.No.13 of 2002 before the learned Senior Civil Judge, Kowur, showing the suit schedule property as schedule 'A' property and subsequently, he filed a memo, dated 28-07-2004, not pressing the I.P. and therefore, the lower Court dismissed the said I.P. In the meantime, it appears that he transferred the schedule 'A' property in favour of the revision petitioner. Thereafter, respondents 1 to 3/creditors filed I.P.No.31 of 2004 before the same Court against the vendor of the petitioner and the petitioner herein, contending that the vendor of the petitioner committed an act of insolvency by executing a sale deed on 19-07-2004 fraudulently in favour of the petitioner herein. In the said I.P., the lower Court passed an ex parte decree, dated 20-06-2005, which is to the following effect:

(3.) On coming to know the said order, the petitioner filed LA. under Order IX Rule 13 CPC for setting aside the ex parte decree, along with an application to condone the delay. He also filed I.A.No.1425 of 2005 to stay the proceedings of the Official Receiver pending disposal of the application filed under Order IX Rule 13 CPC for setting aside the ex parte decree.