BODDAKAYALA BHASKARA RAO Vs. MALLA MANGA

JUDGEMENT

(1.) The claim petitioner filed the above Civil Revision Petition, assailing the order, dtd. 29/1/2024, passed in E.A.No.51 of 2022 in E.A.No.14 of 2020 in E.P.No.4 of 2017 in O.S.No.629 of 2004 on the file of the IV Additional Civil Judge (Senior Division) Visakhapatnam.

(2.) Respondent No.1 herein, filed O.S.No.629 of 2004 on the file of IV Additional Senior Civil Judge against respondent No.2 for the recovery of an amount. The suit was decreed on 2/4/2007. Thereafter, respondent No.1/decree holder filed E.P.No.4 of 2017 under Order XXI Rules 54, 64 and 66 of the Code of Civil Procedure, 1908 (C.P.C.) for attachment and sale of the schedule property for realization of the decretal amount. Pending the execution proceedings, the revision petitioner/claimant filed E.A.No.14 of 2020 under Order XXI Rule 58 read with Sec. 151 C.P.C., to declare that he is the absolute owner of the schedule property. E.A.No.14 of 2020 was dismissed for default on 29/7/2022.

(3.) Subsequently, the revision petitioner/claim petitioner filed an application under Order XIX Rule 1 C.P.C., which is numbered as E.A.No.51 of 2022, to set aside the ex parte order and to restore E.A.No.14 of 2020 on file.