Sunkara Rambabu vs Yeleswarapu Usha Rani
2021 Latest Caselaw 1164 AP

         HON'BLE SRI JUSTICE K.SURESH REDDY

                     C.R.P.NO.1300 OF 2020
ORDER:-

      Being aggrieved by the Office Objections, dated 30-11-

2020 in GL1971/E.A.No..... of 2020 in E.P.No.72 of 2016 in

O.S.No.19 of 2002 on the file of the Court of Senior Civil Judge,

Nuzvid, Krishna District, the present revision petition is filed by

the petitioners.


      The brief facts of the case are that originally respondent

Nos.1 to 4 herein filed suit O.S.No.19 of 2002, before the Court

of Senior Civil Judge, Nuzvid, Krishna District, for specific

performance of agreement of sale, dated 19-01-1999 allegedly

executed by the 5th respondent herein. The said suit was

decreed. Aggrieved by the judgment and decree, the

5th respondent herein filed Appeal Suit in A.S.No.1 of 2013

before the Court of XV Additional District Judge, Krishna District

at Nuzvid and the same was also dismissed by confirming the

judgment and decree of the trial court. Thereafter, respondent

Nos.1 to 4 filed E.P.No.72 of 2016 and sale deed was also

executed on 01-11-2018. Thereafter, E.P.No.72 of 2016 was also

closed on 20-11-2018. Thereafter, the present revision

petitioners filed a claim petition under Order XXI Rule 58 C.P.C.

The court below returned the said claim petition on the ground of

"maintainability" on 30-11-2020. Aggrieved by the same, the

present Civil Revision Petition is filed.

At this juncture, it is apt to reproduce Order XXI Rule

58(1) of C.P.C., which reads as under:-

Order XXI Rule 58 of Code of Civil Procedure 1908 "Adjudication of claims to, or objections to attachment of, property"

(1) Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to adjudicate upon the claim or objection in accordance with the provisions herein contained:

Provided that no such claim or objection shall be entertained-

(a) where, before the claim is preferred or objection is made, the property attached has already been sold; or

(b) where the Court considers that the claim or objection was designedly or unnecessarily delayed.

A reading of the above proviso abundantly makes it clear

that once attached property was sold, a petition under Order XXI

Rule 58 CPC cannot be maintained. Admittedly, in this case, the

sale deed was already executed as early as on 01-11-2018.

Therefore, the claim petition is not maintainable. It is left open

to the petitioners to file a separate suit. Admittedly, the

petitioners have already filed a suit in O.S.No.20 of 2020 before

the XV Additional District Judge, Krishna at Nuzvid and the same

is pending. In that view of the matter, there are no merits in this

Revision Petition to entertain the claim petition under Order XXI

Rule 58 CPC, particularly in view of the bar imposed as per the

proviso of the said Rule.

Hence, the Civil Revision Petition is devoid of any merit

and the same is accordingly dismissed. No order as to costs.

Miscellaneous Petitions pending, if any, shall stand closed

in consequence.

__________________ K.SURESH REDDY,J 25th FEBRUARY, 2021 TSNR