P GOVARDHAN Vs. J RAMESH BABU

JUDGEMENT

(1.) THESE two revisions are between the same parties, and arise out of the execution proceedings in OS No. 148 of 1990. Hence, they are disposed of through common judgment.

(2.) THE array of the parties is identical in both the revisions. Respondents 1 to 5 filed OS No. 148 of 1990 in the Court of additional Senior Civil Judge, Tirupati, against the petitioner and respondent No. 7, for recovery of Rs. 51,928/ -. The suit was decreed on 26. 12. 1995. After the decree became final, the respondents 1 to 5 filed EP no. 40 of 1996. About Ac. 4. 50 cents of land in sy. No. 48/2 of Durgasamudram Village, tirupati Rural Mandal, owned by the petitioner, was attached. Subsequently, it was brought to sale. The 6th respondent, by name, y. Rajesh, emerged as the highest bidder for a sum of Rs. 2,66,000/- in the auction, conducted on 17. 2. 2002. The amount was deposited and the sale was confirmed on 13. 7. 2002. A sale certificate was issued on 9. 8. 2004.

(3.) THE 6th respondent, i. e. , the auction-purchaser filed EA No. 37 of 2007 under Rule 95 of Order 21 CPC, for delivery of the property, purchased in the Court auction. The application was resisted on several grounds, including the one, of limitation. It was ordered on 27. 2. 2007. The matter underwent several adjournments, and the delivery of possession could not be effected. The 6th respondent filed EA no. 453 of 2007 under Section 151 CPC, with a prayer to direct the Tahsildar, Tirupati rural Mandal, to depute a Mandal Surveyor to assist the Court Amin, in delivering the possession of property. On 27. 3. 2008, the Executing Court noted that delivery warrant issued on 27. 2. 2007 was not returned and accordingly directed that warrant be issued once again for delivery of possession of property and that the matter be reported on 17. 4. 2007. CRP No. 1589 of 2008 is filed against the docket order dated 27. 3. 2008 in EA No. 453 of 2007.