Unknown vs The
2022 Latest Caselaw 144 AP

    THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

           CIVIL REVISION PETITION No.1366 of 2021

ORDER:-

      The respondent had filed O.S.No.80 of 2015 before the

IX Additional District Judge, West Godavarai at Kovvuru for

recovery of money as a mortgage suit. A preliminary decree

was passed on 20.04.2017 and a final decree was passed on

27.02.2018. Consequently, in execution of the said decrees,

E.P.No.460 of 2018 was filed and the mortgage property was

brought to sale. The 1st respondent herein, after obtaining

permission of the Court, had participated in the sale and was

declared as the auction purchaser.

2. The petitioner, who is the Judgment Debtor had

filed an application for setting aside the said sale said to have

been conducted on 02.02.2020. The said petitioner has

approached this Court being aggrieved by the non-numbering

of EA.SR.No.1033 filed for setting aside the sale conducted

earlier.

3. Sri B.Venkata Rama rao, learned counsel for the

respondents would submit that he has no objection that the

Civil Revision Petition is allowed with a direction to the

executing Court to number the said E.O and for a decision

being arrived at after hearing both sides on all aspects

including the maintainability of the said application.

4. Accordingly, this Civil Revision Petition is allowed

directing the IX Additional District Judge, West Godavari at

Kovvuru to take steps for getting the said execution

application numbered and to be heard on its merits and also

on the maintainability of the said application at the earliest

and preferably within three months from the date of receipt of

this order.

5. The petitioner shall cooperate in getting the

execution application numbered and in the event of non

cooperation from the petitioner it would be open to the

Executing Court to take such steps as are necessary. There

shall be no order as to costs.

Miscellaneous petitions, pending if any, in this Civil

Revision Petition shall stand closed.

___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 07-01-2022 RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CIVIL REVISION PETITION No.1366 of 2021

Date : 07.01.2022

RJS