CHUNDURU ABBAIAH Vs. GARLAPATI SATYANARAYANA & OTHERS

JUDGEMENT

(1.) This civil revision petition is filed questioning the order that is passed on 24.04.2014, by the Additional Senior Civil Judge, Eluru, directing the return the claim petition filed under Order 21 Rule-58 CPC, vide E.A(SR) No.2378 of 2014.

(2.) This court has heard the learned counsel appearing for the petitioner and the respondent respectively.

(3.) The grievance of the petitioner before this court is that he has a claim in the suit schedule property, which is subjected to attachment in E.P.No.97 of 2012. According to the learned counsel for the petitioner, the petitioner filed an application under Order 21 Rule 58 CPC on 28.03.2014 claiming a right over the schedule property and seeking a vindication of his right and for raising attachment of the property that was scheduled to be auctioned on 24.04.2014. According to the learned counsel, the application was filed on 28.03.2014 itself, but the court returned the application granting 15 days time and posted the mater to 24.04.2014. The learned counsel submits that the petition was represented immediately annexing the judgment of this court in Muvvala Ramachandra Rao v. Kuricheti Ravi, 1999 3 ALT 136. Despite the same, the court below returned the application and the sale was conducted on 24.04.2014 and the property was sold to the highest bidder on the same day. The grievance of the learned counsel is that once the petitioner has made a claim, his claim to be adjudicated under Order 21 Rule 58 CPC.