IYLURI LAXMI SUBRAMANYAM Vs. BATCHU VISWANADHAM

JUDGEMENT

(1.) ORDER :- The petitioner is the judgement-debtor. A decree under O.34, R.4 of the Civil P.C. (for short 'the Code') was passed for the sale of hypothecated property. The respondent is bringing the same property to sale. The petitioner filed an application under O.21, R.83 of the Code to raise the attachment to the extent of item No. 1 E. P. Schedule, namely Acs. 4.08 cents so as to enable him to sell the property privately and deposit the E.P. amount. The application was dismissed by the Executing Court on the ground that if permission is granted, it would cause unnecessary delay in execution. Assailing the legality thereof, the present C.R.P. has been filed.

(2.) Sri C. Ananda Reddy the learned counsel for the petitioner contended that O.21, R.83 of the Code gives specific powers to the court to specify the period within which a private sale can be negotiated and finalised and the lower Court has committed error of jurisdiction in refusing to accord permission for private sale.

(3.) Sri V.L.N.G.K. Murthy the learned Counsel for the respondent has contended that sub-rule (3) of R.83 of O.21 prohibits giving of such permission in respect of sale of the mortgaged property. Therefore permission cannot be accorded.