GONTIA KRISHNA MURTHY Vs. V LAKSHMI DEVI

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 02-12-2006 in e. A. No. 145 of 2006 in E. P. No. 101 of 2004 in O. S. No. 69 of 2003 on the file of the Court of the Principal Senior Civil Judge, ananthapur.

(2.) THE suit was filed by the petitioner herein for recovery of money on the basis of a mortgage deed dated 05-09-2002 and the same was decreed on 03-01-2004. Pursuant thereto, the revision petitioner/ decree holder filed E. P. No. 101 of 2004 for realization of the decretal amount by sale of the mortgaged property. Pending the execution Petition, the Judgment Debtor/ respondent herein filed E. A. No. 145 of 2006 under Section 151 CPC to stop the sale claiming that the E. P. Schedule property being an assigned land cannot be sold or transferred in view of the prohibition under section 3 (2) of the A. P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "the Act" ).

(3.) THE Decree Holder/revision petitioner filed a counter stating that the prohibition of sale under the conditions of patta was only for a period of ten (10) years and since the judgment Debtor had been in possession of the said property for more than 25 years the prohibition under the Act was not attracted the Court beiow by order dated 08-12-2006 allowed E. A. No. 145 of 2006 upholding the objection raised by the Judgment Debtor. Aggrieved by the same, the prosent Civil revision Petition is filed.