HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
C.R.P.No.210 of 2022
ORDER:
The petitioner is the second Judgment Debtor in E.P.No.8 of 2008, which has been filed for execution of decree obtained by the decree holder in O.S.No.55 of 2000.
It appears that the property of the petitioner herein has been put to auction. At that stage, the petitioner had filed E.A.178 of 2012, under Section 47 of the Code of Civil Procedure for determination as to whether the decree had been discharged or not. At that stage, the auction purchaser is said to have filed a counter in E.A.No.178 of 2012. The petitioner took an objection that the auction purchaser could not have filed the said counter without impleading himself. The Executing Court, by order dated 06.12.2021 had held that the said objection could be heard at the time of hearing, along with the contentions of the auction purchaser. Aggrieved by the said order, this revision petition has been filed.
In view of Explanation-II to Section 47 C.P.C., an auction purchaser would be entitled to participate in the proceedings. In the circumstances, nothing survives in the revision petition.
Accordingly, the civil revision petition is dismissed. However, it shall be open to the petitioner to raise all objections to the counter filed by the auction purchaser by way of a reply to the counter. The reply be filed within a period of three weeks from today. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_________________________ R. RAGHUNANDAN RAO, J.
10th February, 2022 Js.
2 RRR,J
C.R.P.No.210 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
C.R.P.No.210 of 2022
10th February, 2022
Js.