SOMISHETTY GANGA RAM Vs. P RAMALINGAM

JUDGEMENT

(1.) This revision is directed against the docket order in E.P. No 30 of 2005 in O.S.No.85 of 2003, dated 5-9-2006 on the file of the Court of the Senior Civil Judge, Kamareddy, whereby learned Senior Civil Judge ordered for issuance of warrant of proclamation of sale of E.P. schedule property i.e. house, and publication in Vaartha daily newspaper of Nizamabad District Edition.

(2.) Brief facts are that the revision petitioner is the judgment-debtor and the respondent is the decree-holder. The respondent instituted the suit being O.S. No. 85 of 2003 against the petitioner for recovery of money on the foot of a promissory note. Though the petitioner contested the said suit, the same was decreed. Despite the fact that there was a decree against the petitioner, he has not chosen to honour the said decree. Hence, the respondent filed E.P.No.30 of 2005 in execution of the said decree. Though notice was sent to the petitioner in the said E.P., he has not chosen to pay the said amount and hence, a notice i.e. to bring the properties, which were under attachment, to be sold and proceeds to be paid to person entitled, was issued. Thereafter, the executing Court ordered for issuance of warrant of proclamation of sale of E.P. schedule property i.e. house, and publication in Vaartha daily newspaper of Nizamabad District Edition. The petitioner challenges the said order stating that the proclamation of sale published in Vaartha daily newspaper of Nizamabad District Edition, is not in conformity with the provisions of Order XXI Rule 66 of the Code of Civil Procedure, 1908 (for short, 'the Code').

(3.) Heard learned Counsel for the petitioner, learned Counsel for the respondent and perused the impugned order and other material on record.