RANGA REDDY Vs. MELLESU

JUDGEMENT

(1.) This revision raises two questions, one under Order 21, Rule 59 C.P.C. and the other with respect to setting right mistakes of Court, under S. 151 C.P.C.

(2.) The following facts give rise to this revision : The petitioner before me is a third party to the execution proceedings in OS. No. 103/81 in the Lower Court. A money decree was obtained by the 1st respondent herein the above suit in a sum of Rs. 5,18,137/- with future interest and costs against one Sri Bashir Baba on 27-2-1982. The decree-holder filed E.P. No. 50 of 1984 for execution of the money decree by way of attachment and sale of the alleged undivided half share of the judgment-debtor Bashir Baba in a cinema theatre bearing the name Sri Saibaba Movieland, Cuddapah town, and the said half share was valued at Rs. 5,00,000/- By the time the E.P. was filed, the judgment-debtor died and the respondents 2 to 8 were impleaded as his legal representatives in the E.P. on 17-9-1984. The E.P. record discloses that for the attachment and sale of the alleged half-share of the judgment-debtors, respondents 2 to 8 filed a no-objection memo. Attachment was effected on 7-8-1985 and the sale amount was shown as Rs. 6,51,390-28 ps.

(3.) As that stage, the petitioner in the C.R.P., who is a third party, filed a claim petition under Order 21, Rule 58 C.P.C. stating that he and the late Bashir Baba (the judgment-debtor) were partners in a partnership by deed dated 18-6-1970, and that the theatre in question is not co-ownership property but partnership property and that the execution cannot proceed treating the E.P - Schedule as the separate property of the judgment-debtor Along with the said E.A. he also filed E.A. 214 of 1985 under Order 21, Rule 59 C.P.C. for stay of execution pending disposal of the claim Petition E.A. No. 213 of 1985 filed under Or. 21, R. 58 C.P.C. The Court below allowed E.A. No. 214/85 conditionally on 17-10-1985 ordering stay subject to the condition that the petitioner-third party deposited the costs of Rs. 2,856-50 ps. and furnishing security in respect of about Rs. 6,22,000/- and odd, and adjourned the E.P. upto 29-10-1985. It is against this order passed under Or. 21, R. 59 on 17-10-1985, that the present C.R.P. is filed.