- (1.) The 1st Respondent filed O.S. No. 212 of 2006 in the Court of I Additional Senior Civil Judge, Rajahmundry, against the Appellant for recovery of Rs. 4 lakhs with interest. The suit was decreed ex parte, on 31-10-2006. The decree became final, but the Appellant did not pay the amount. The 1st Respondent got an item of immovable property owned by the Appellant, under Rule 5 of Order 38 Code of Civil Procedure attached. The property was brought to sale on 22-04-2008 in E.P. No. 282 of 2007, and the 2nd Respondent emerged as the successful bidder for a sum of Rs. 12 lakhs.
(2.) The Appellant filed E.A. No. 421 of 2008, with a prayer to set aside the sale. He pleaded that he was not aware of the execution proceedings and it is only when the Court record was verified, that he came to know about the same. He mentioned that the actual value of the property was not mentioned; the notice contemplated under law was not issued, and that the property was sold, almost at half of its value. Certain defects referable to the manner of conducting auction were also pointed out. The application was opposed by the Respondents 1 and 2. They denied the allegation made by the Appellant and stated that despite receipt of notice, the Appellant did not participate in the proceedings at various stages.
(3.) Through its order dated 20-10-2010, the Executing Court dismissed the E.A. No. 421 of 2008. Hence this Civil Miscellaneous Appeal.;