S.K. GANGADHARA Vs. RAMACHANDRA

JUDGEMENT

(1.) The appellant herein entered into a registered sale agreement dated 01.07.2004, which culminated into a sale deed dated 12.04.2007 under which he purchased the House property No.1092, Khatha No.1066 within the local limits of City Municipality, Bhadravathi from his vendor Sri B.M.Krishna. The respondent herein filed a suit in O.S.No.133/2004 on 01.07.2004 against the said Sri B.M.Krishna for recovery of money. In the said suit the respondent herein also filed an I.A. under Order XXXVIII Rule 5 CPC seeking for attachment of the very same property before judgment. The Court before which the suit was pending, granted the conditional order of attachment on 02.07.2004. The suit was ultimately decreed on 01.02.2008.

(2.) The respondent herein accordingly levied the execution proceedings in Ex.No.42/2008 against Sri B.M.Krishna, the judgment debtor. Since the aforestated property was already attached, the Executing Court ordered the spot sale on 24.01.2009 and the Court sale on 21.02.2009. It is at that stage the appellant herein who was the owner of the property, claiming knowledge appeared before the Executing Court as objector by filing the application under Order XXI Rules 58 and 97 read with Section 151 CPC. The respondent herein opposed the same. The Executing Court after considering the same, rejected the application by the order dated 31.07.2010. The appellant claiming to be aggrieved was before the Lower Appellate Court in R.A.No.195/2010. On consideration, the Lower Appellate Court has dismissed the appeal by the order dated 18.01.2011. The appellant is therefore before this Court in this second appeal filed under Section 100 of CPC.

(3.) This Court while admitting the appeal has framed the following substantial question of law,