GADAMASTTY VENKATA HANUMANTHA RAO Vs. MASTER PRINTER BUILDING

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioners/ Judgment debtors impugning the order dtd. 21/6/2019 in E.P.No.61 of 2018 in O.S.No.111 of 2015 on the file of learned Senior Civil Judge, Mangalagiri.

(2.) The prayer in this revision reads as below:

(3.) Sri A.K.Kishore Reddy, the learned counsel for revision petitioners put forth his contentions stating that the execution court grossly violated the terms of Order 21 Rule 34 CPC. The draft sale deed was not served on JDr but the regular registered sale deed was executed and registered through process of court and such sale deed cannot be sustained and cited Rajbir Vs. Suraj Bhan,(2022) 14 SCC 609. That the execution court ordered for presentation of draft sale deed and non judicial stamps and directed the matter to be listed on 26/7/2019. However, much earlier than that and precisely on 6/7/2019 itself, the execution court got the sale deed registered and fraud was played on the court. Execution court dealt with the matter without proper verification of its own records and no opportunity for JDrs was granted to raise objections about the terms of the draft sale deed.