LAKKARAJU SOMUNAIDU Vs. MAJJI GANGAMMA

JUDGEMENT

(1.) This is a revision on petition directed against an order of the District Munsif, Chodavaram given on 5-6-1965. The essential facts are that the 1st respondent, who is the auction-purchaser, filed an application under O.21, R. 97, Civil P.C. for removing the obstruction which the petitioner before me and others were causing in delivering the property which the 1st respondent had purchased in a court auction.

(2.) The defence set up was that he was not bound by the proceedings in pursuance of which the 1st respondent purchased the property in court auction. He contended that the property exclusively belongs to him and not to respondents 2 and 3, who are the judgment debtors, although they are his sons, His further contention was that previously an application to remove the obstruction was made by the auction-purchaser in E. A. No. 37 of 1964 and since it was dismissed as not pressed. it operates as constructive res judicata. Consequently, the second petition for the removal of obstruction under O. 21, R. 97, Civil P.C. is not maintainable.

(3.) In their counter, respondents 2 and 3 contended that the order made in the previous proceedings in E. A. 37/64 operates as res judicata and that they have no interest in the property.