MAHENDER Vs. D. VENKAT REDDY AND ORS.

JUDGEMENT

(1.) BOTH these cases arise out of the same execution proceedings between the same parties and hence are heard together.

(2.) THE Judgment Debtor No. 1 (J.Dr.) is the appellant in this Civil Miscellaneous Appeal, which is preferred aggrieved by the orders passed by the learned Principal Senior Civil Judge, Ranga Reddy District on 02.06.2015 in EA(SR). No. 6238 of 2015 in E.P. No. 207 of 2014. The respondent Nos. 1 and 2 herein are the Decree Holders (D.Hrs.), whose suit O.S. No. 623 of 2012 had been decreed by the XVII Additional Senior Civil Judge, City Civil Court, Hyderabad on 22.08.2014.

(3.) THE suit O.S. No. 623 of 2012 was instituted for recovery of a sum of Rs. 9,58,650/ - together with interest at 2.5% per month. That suit was decreed on 22.08.2014 directing the two defendants therein to pay, jointly and severally, a sum of Rs. 9,58,650/ - with interest at the rate of 12% per annum from the date of the suit till the date of decree and for the subsequent period the rate of interest was fixed at 6% per annum till realization on the principal amount of Rs. 6,60,000/ -. For executing this decree dated 22.08.2014, E.P. No. 207 of 2014 was filed on 20.10.2014 before the Principal Senior Civil Judges Court, Ranga Reddy District at L.B. Nagar. It is also appropriate to notice that during the pendency of the civil suit, immovable property of the appellant herein - a flat located at Saroornagar, Hyderabad - was attached prior to the judgment as per the orders passed in I.A. No. 1086 of 2012 on 03.10.2013. It is that immovable property, which was brought to sale on 02.04.2015 by the executing Court. It is to set aside the said sale that took place on 02.04.2015, the J.Dr. filed petition EA(SR). No. 6238 of 2015.