JAGATI THIMMARAJU Vs. UPPULURI BRAHMANNA

JUDGEMENT

(1.) Heard both the Counsel.

(2.) This C.R.P. arises on the execution side on petitioner filing E.A.No. 467/90 before the executing Court. It is stated that the petitioner has suffered an ex parte decree in a sum of Rs. 7,877-20 ps. on the file of the I Additional District Munsif Court, Kovvur, dated 29-3-1979. On 15-10-1985, the respondent-decree holder filed E.P. 372/85 for sale of the Judgment- debtor's property for recovery of a sum of Rs. 11,878.15 ps., decretal amount plus other charges. On 16-10-1985, Ac. 2.15 cents of agricultural land owned by the petitioner was attached at Purushottampalli Village, D. Muppavaram Mandal. The petitioner-judgment-debtor was served with the notice of attachment on 16-2-1986. Later the petitioner's Advocate filed Vakalat, but no counter was filed. On 11-7-1986 sale papers and encumbrance certificate were filed, and on 17-7-1986 sale papers and encumbrance certificates were checked. Court ordered notice to the petitioner-judgment-debtor and when notice to the petitioner was returned unserved, the executing Court on 11-9-1986 directed fresh notice through Court and registered post with acknowledgement due. On 25-2-1987 Court directed to publish the notice, and on 2-3-1987 notice was published in Radha Krishna Patrika, Bhimavaram. On 25-3-1987 proof of publication was filed and when the petitioner-judgment- debtor was absent, the Court set him ex parte. On 2-4-1987 proclamation of sale was settled and the sale of the property was effected on 24-6-1987.

(3.) The petitioner filed an application under Section 47 r/w. 151 C.P.C. praying to set aside the sale dated 24-6-1987, as it is not in conformity with Order 21 Rule 64 and the same is void and without jurisdiction.