P VENKATACHALAPATHI Vs. G JAYARAMALAH

JUDGEMENT

(1.) This Civil Revision Petition arises out of the order dated 28-1-1988 passed by the Additional District Judge, Madanapalle in C.M.A. No.70-A of 1986.

(2.) In order to appreciate the controversy involved in this petition, it is necessary to know the previous background.

(3.) The father of the petitioners herein was the original plaintiff in O.S.No.629 of 1977 on the file of the Principal District Munsif, Madanapalle. The said suit was filed by the father of the petitioners herein for recovery of certain amount from the defendants-respondents herein. The suit was decreed. Against the said judgment and decree passed by the learned Principal District Munsif, Madanapalle, an appeal appears to have been filed. It was dismissed. Thus/ the decree passed in the aforesaid suit became final. Thereafter, the father of the petitioners herein filed O.E.P. No.152 of 1980 for sale of items A and B of plaint schedule property. After the said application was filed, the learned Principal District Munsif, Madanapalle directed to hold the sale by completing the formalities of sale of immovable property. The publication was issued on payment of batta and by beating drums in the town of Madanapalle. The sate was directed to be held on29-12-1980.It further appears from the record that the father of the petitioners herein i.e., the plaintiff-decree-holder, filed an application seeking permission of the Court to participate in the sale and the said petition was allowed.