KRISHNA RAO V Vs. D BABU RAO

JUDGEMENT

(1.) Aggrieved by the order passed by the learned Subordinate Judge, Gudivada, in A.S.No. 50 of 1987 dated 31-1-1991 reversing the order in E.A. No. 118 of 1985 in E.P.No. 29 of 1981 in O.S.No.63/80 on the file of the Court of the District Munsif, Gannavaram, dated 13th August, 1987, the respondents in A.S. 50 of 1987 filed this second appeal.

(2.) In order to appreciate the controversy between the parties, it is necessary to narrate few facts.

(3.) The 2nd respondent herein had instituted O.S. 63/80 in the Court of District Munsif, Gannavaram, for recovery of certain amount basing on the pronote. The suit was filed against the appellants herein. The suit was decreed ex parte on 29-7-1980. The 1st appellant herein filed I.A.No. 696 of 1983 under Order IX Rule 13 of the Code of Civil Procedure. On hearing both sides, the exparte decree was set aside. It further appears that the 2nd respondent herein, who was the decree holder, filed E.P.No. 29 of 1981 and sought attachment of 3 acres 50 cents of land belonging to the 1st appellant herein. The executing Court attached the property and it was sold in public auction on 17-11-1982. The 1st respondent was the highest bidder. He was put in possession by the Amin of the Court and delivery was accorded on 20-2-1983 and since then the 1st respondent has been in peaceful possession of the suit schedule land.