Kurapati Subashini vs Margadarsi Chit Fund Limited
2022 Latest Caselaw 785 AP

              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.