N VENKATANARAYANAMMA Vs. N RAMANNA

JUDGEMENT

(1.) This is Judgment Debtors' revision petition against the impugned order dated 25-9-1992 in E.P.No.8 of 1992 in O.S.No.145 of 1989 on the file of the Subordinate Judge, Rajahmundry, over-ruling the objections raised by the Judgment Debtors.

(2.) Briefly stated the facts of the case may be summarised thus: The respondent filed suit O.S.No. 145 of 1989 against the petitioners for the recovery of money on the basis of a mortgage of the suit schedule property i.e. house executed by the petitioners in his favour. The said mortgage suit was decreed and a final decree was passed on 23-8-91. There after, the respondent filed the present Execution Petition for the decretal amount of Rs. 64,671-25ps. which includes interest, costs of the suit and E.P. costs. A counter-affidavit was filed by the petitioners-Judgment Debtors raising three objections, namely, (1) they had paid Rs. 10,000/- to the Advocate of the Decree Holder on 28-2-1991 and obtained a receipt from the Advocate of the Decree Holder, they also filed the receipt in the Court; (2) the calculations shown in the execution petition were not as per the decree and even the interest calculated was excessive of the amount granted in the decree and (3) the mortgaged property i.e. house was worth Rs.7,50,000/- and hence the whole of the house could not be sold in execution of the decree. A valuation report dated 8-6-92 by one Lakshmi Consultants was also filed in this regard. Besides a certificate of market value of the site from the Office of Sub-Registrar was also obtained and filed in support of this contention. It is pertinent to note mat on 24-7-1992 the said execution petition was posted for appearance of the Judgment Debtors, objections were filed by them on 21-9-1992 and after four days i.e. on 25-9-1992 the impugned order was passed. Aggrieved by the said order, the Judgment Debtors have preferred this revision petition.

(3.) I have heard the learned Counsel on both the sides and have carefully gone through the record of the case.