GUNTUPALLI RAM SUBBULU Vs. JETU SIVA SANKARA RAO

JUDGEMENT

(1.) This civil miscellaneous appeal is filed by the second respondent against the order dated 6-10-2004 passed in EA No. 17 of 2002 in EP No.27 of 2001 in OS No.33 of 1990, on the file of the Court of Senior Civil Judge, Bapatla, Guntur District.

(2.) The first respondent-judgment debtor in the present civil miscellaneous appeal filed the said application under Order 21 Rule 90 read with Section 151 of the Code of Civil Procedure (hereinafter referred to for short 'the Code' for the purpose of convenience) praying for the relief to set aside the sale conducted on 27-12-2001 in EP No.27 of 2001 in OS No.33 of 1990 on the file of the Court of Senior Civil Judge, Bapatla.

(3.) It appears that the matter was remanded by this Court with a specific direction to implead the auction purchaser as a party and consequently the auction purchaser, Guntupalli Rama Subbulu was added as a party by an order dated 22-4-2004 in EA No.38 of 2004. The learned Judge recorded the evidence of PW. 1, the petitioner in the said application-judgment- debtor the first respondent herein and came to the conclusion that the sale is vitiated by material irregularity and accordingly allowed the said application. Aggrieved by the same, the second respondent in the said application, the auction purchaser had preferred the present civil miscellaneous appeal under Order 43 Rule 1 of the Code.