PRATTIPATI SATYANARYANA Vs. PRAYAGA SOMASUNDARAM

JUDGEMENT

(1.) This revision petition has been referred to a Bench by Obul Reddy J., in view of the conflict of views of various High Courts on the question whether a claim petition under Order 21, Rule 58 of the Civil Procedure Code can be entertained after the sale in execution of the decree has taken place.

(2.) The petitioner herein obtained a simple money decree in O.S. 379/55, of District Munsif"s Court, Yellamanchilli against one Gottumukkala Venkatakrishnamachryulu and in execution of that decree filed E.P. 486/64 and got attached the property of the judgement-debtor. Subsequently the property was sold in court auction and the petitioner purchased the same on 31-5-56. On 26th June, 1965, the respondent herein claiming that the judgement-debtor bad sold the properties to him under a sale-deed dated 10-8-64, that therefore, the petitioner herein had no right to attach the property as belonging to the judgement-debtor on the 15th November 1964 filed a petition under Or. 21. Rule 58 praying that the petition schedule property should be released from attachment. That petition was resisted by the petitioner herein, inter alia to the ground that the petition under Or. 21 Rule. 58 filed after the date of the execution was not maintainable. The alleged sale in favour of the respondent herein was also attacked as nominal and brought about in collusion with the judgement-debtor in order to defeat the rights of the petitioner herein.

(3.) The Court below negatived the contention of the petitioner and held that the claim petition was maintainable. It also upheld the sale in favour of the respondent and found that the claimant had been in enjoyment and possession of the land from the date of the sale. In the result, the attachment was directed to be raised and the sale held in E.P. 486/64 was declared to have been automatically set aside.