VENKATARAMANAPPA Vs. T M CHALAPATHI

JUDGEMENT

(1.) This Revision Petition is filed by the Judgment Debtors in E.P.No.28 of 2001 in O.S.No.27 of 1997 on the file of the learned Senior Civil Judge, Hindupur.

(2.) The respondent is the plaintiff decree holder. He filed O.S.No.27 of 1997 for recovery of mortgage money of Rs.60,775/- against the Judgment Debtors in respect of the suit schedule property and a preliminary decree was passed on 30-04-1999. The Decree Holder filed I.A.No.25 of 2000 for passing the final decree and the final decree was passed on 30-07-2000. The Decree Holder filed E.P.No.28 of 2001 under Order 21 Rules 64 and 66 of C.P.C. against the Judgment Debtors basing on the final decree for realization of Rs.73,626/- by sale of E.P. schedule property, which is a dwelling house. The test of E.P. schedule property was ordered on 06-08-2001 issuing simultaneous notice to the Judgment Debtors. The Court Amin executed the test warrant on 02-10-2001 and submitted a report on 03-10-2001 mentioning that the village elders valued the property at Rs.30,000/-. The notice on Judgment Debtor No.1 was served and he was called absent and set ex parte. Judgment Debtor Nos.2 and 3 were not served and their notice was ordered by way of publication and on filing of the publication, they were called absent and they were also set ex parte. Subsequently, the Decree Holder filed the sale papers and they were found to be correct. On 25-07-20002, sale notice was issued to the Judgment Debtors under Order 21 Rule 66 of C.P.C.

(3.) The Judgment Debtors engaged an Advocate and filed a common counter pleading that the E.P. schedule property was assigned by the Government and the alienation of the same is prohibited under law, therefore, they have salable interest in the property.