T NABI SAB Vs. G VENKATESULU

JUDGEMENT

(1.) APPEAL is directed against the order, dated 12-7-2007, in A. S. No. 15 of 2006 on the file of the IV Additional District Judge, Anantapur wherein the said appeal preferred against the order dated 3-11-2005 in E. A. No. 162 of 2003 in E. P. No. 51 of 2002 in O. S. No. 169 of 1996 on the file of the Principal Senior Civil Judge, anantapur was dismissed.

(2.) HEARD learned counsel for the appellant. None appears for the respondent though served with notice. Perused the records.

(3.) APPELLANT herein is the claim petitioner who filed E. A. No. 162 of 2003 in E. P. No. 51 of 2002 in O. S. No. 169 of 1996. The said execution Petition was filed by the 1st respondent herein against the 2nd respondent for realization of the decretal amount due in the decree passed in O. S. No. 169 of 1996. The claim of the appellant herein was dismissed by the learned Principal Senior civil Judge, Anantapur on the ground that the petition filed under Order 21 Rule 53 CPC is not maintainable as there was no attachment of the property and the decree sought to be executed was a mortgage decree. Appeal preferred by the appellant herein in A. S. No. 15 of 2006 was also dismissed by the learned iv Additional District Judge, Ananatapur confirming the dismissal of the claim petition by the learned Principal Senior Civil Judge. Anantapur. The impugned orders of the Courts below do not call for any interference as the decree obtained by the 1st respondent against 2nd respondent was mortgage decree and the provisions of Order 21 Rule 58 CPC are not attracted.