BONDA MARY Vs. SIMHAGIRI CHITS FUNDS PVT LTD
LAWS(APH)-2022-1-74
HIGH COURT OF ANDHRA PRADESH
Decided on January 27,2022

Bonda Mary Appellant
VERSUS
Simhagiri Chits Funds Pvt Ltd Respondents


Referred Judgements :-

A.G.M.CONSTRUCTIONS PRIVATE LIMITED VS. S.SHIBU KUMAR [REFERRED TO]
DAYA RAM AND OTHERS VS. SHYAM SUNDARI [REFERRED TO]
GIRI P.L.V. VS. A.SUBRAMANIAM [REFERRED TO]
KUNWAR JUNG BAHADUR VS. LALA GUR PRASAD [REFERRED TO]
SAMINATHAN VS. MANAGER,STATE BANK OF INDIA [2009 0 LAWS(MAD) 532] [REFERRED TO]
SHEO PRASAD (JUDGMENT-DEBTOR) VS. HIRA LAL (DECREE-HOLDER) [REFERRED TO]
SHIB DUTTA SINGH V. SHEIKH KARIM BAKHSLZ [REFERRED TO]
SHEODHYAN SINGH VS. SANICHARA KUER [REFERRED TO]
ANDHRA BANK LIMITED VS. R SRINIVASAN [REFERRED TO]
DHIRENDRA NATH GORAI IN C A NO 85 OF 1961 SUBAL CHANDRA NATH SAHA IN C A NO 86 OF 1961 VS. SUDHIR CHANDRA GHOSHIN BOTH APPEALS :SUDHIR CHANDRA GHOSHIN BOTH APPEALS [REFERRED TO]
DAYA RAMA VS. SHVAM SUNDARI [REFERRED TO]
PANDURANG DHONDI CHOUGULE VS. MARUTI HARI JADHAV [REFERRED TO]
BHAVAN VAJA VS. SOLANKI HANUJI KHODAJI MANSANG [REFERRED TO]
GAJADHAR PRASAD VS. BABU BHAKIA RATAN [REFERRED TO]
TAKKASEELA PEDDA SUBBA REDDI VS. PUJARI PADMAVATHAMMA [REFERRED TO]
S A SUNDARARAJAN VS. A P V RAJENDRAN [REFERRED TO]
AMBATI NARASAYYA VS. M SUBBA RAO [REFERRED TO]
DESH BANDHU GUPTA VS. N L ANAND AND RAJINDER SINGH [REFERRED TO]
DESH BANDHU GUPTA VS. N L ANAND AND RAJINDER SINGH [REFERRED TO]
P UDAYANI DEVI VS. V V RAJESHWARA PRASAD RAO [REFERRED TO]
S. MARIYAPPA VS. SIDDAPPA [REFERRED TO]
BALAKRISHNAN VS. MALAIYANDI KONAR [REFERRED TO]
BALAKRISHNAN VS. MALAIYANDI KONAR [REFERRED TO]
SAI ENTERPRISES VS. BHIMREDDY LAXMAIAH [REFERRED TO]
ZARIF AHMAD VS. FAROOQ [REFERRED TO]
HARDEYA DEVI VS. FIDDAN [REFERRED TO]
HAJI RAHIM BUX AND SONS VS. FIRM SAMIULLAH AND SONS [REFERRED TO]
KINGAM SAVARANNA VS. STATE [REFERRED TO]
JAGATI THIMMARAJU VS. UPPULURI BRAHMANNA [REFERRED TO]
CHEBOLU NOOKA RAJU VS. KESAM RAMA SWAMY [REFERRED TO]
VUMMETHALA SOMAMMA VS. THAMEERU BALANAGAMMA [REFERRED TO]
M RAJAGOPAL REDDY VS. STATE BANK OF INDIA ADB GOVINDARAPPET BRANCH [REFERRED TO]
M RAJAGOPAL REDDY VS. STATE BANK OF INDIA ADB GOVINDARAPPET BRANCH [REFERRED TO]
AKULA VEERRAJU VS. KARUMURU RUKMABAI [REFERRED TO]
KAMIREDDY SUMATHI AND ORS. VS. C. MALLIKARJUNA REDDY AND ORS. [REFERRED TO]
K VENKATESWARAMMA @ HEMA LALTHA KUMARI; K LAKSHMI DEVAMMA VS. Y RAVINDRANATH REDDY; K RANGASWAMI [REFERRED TO]
K VENKATESWARAMMA @ HEMA LALTHA KUMARI; K LAKSHMI DEVAMMA VS. Y RAVINDRANATH REDDY; K RANGASWAMI [REFERRED TO]
K. SWAMINATHA IYER AND ANR. VS. K.G. KRISHNASWAMI IYER AND ORS. [REFERRED TO]
JEHRABI SADULLAKHAN MOKASI VS. BISMILLABI SADRUDDIN KAJI [REFERRED TO]
MUHAMMAD ZAFARYAB KHAN VS. ABDUL RAZZAC KHAN [REFERRED TO]


JUDGEMENT

- (1.) Judgment debtors in E.P.No.104 of 2003 in O.S.No.933 of 1997 on the file of the Court of the Principal Senior Civil Judge, Visakhapatnam, are the petitioners in the present Civil Revision Petition. The present Revision challenges the order dtd. 30/1/2006 passed by the Court of the Principal Senior Civil Judge, Visakhapatnam, in E.A.No.293 of 2004 in E.P.No.104 of 2003 in O.S.No.933 of 1997. Respondent No.1 herein is the Decree Holder and respondent No.1 herein instituted O.S.No.933 of 1997 on the file of the Court of the Principal Senior Civil Judge, Visakhapatnam, against (1) Sri Bonda Nageswara Rao, S/o.Atchannaidu, (2) Sri Bonda Raghunath, S/o.Nageswara Rao and (3) Smt. Bonda Mary, W/o.Nageswara Rao, for recovery of a sum of Rs.1,77,713.00 on the foot of a chit fund transaction, wherein defendant No.1 joined as a member and defendant Nos.2 and 3 stood as guarantors. Pending O.S.No.933 of 1997, plaintiff/decree holder/respondent No.1 herein filed I.A.No.1004 of 1997 under the provisions of Order 38 Rules 5 and 6 of the Code of Civil Procedure, 1908 (C.P.C.), and the trial Court on 13/11/1997, passed a conditional order of attachment and the same was made absolute on 16/7/1997. Pending the suit, defendant No.1, Sri Bonda Nageswara Rao, passed away and the said suit was decreed on 30/10/2000 against defendant Nos.2 and 3 jointly and severally for a sum of Rs.1,77,713.00 together with subsequent interest @12% per annum on Rs.1,40,000.00 from 13/11/1997, i.e., the date of suit, till the date of realisation and the trial Court also awarded costs of Rs.9,442.00. Respondent No.1 herein filed E.P.No.104 of 2003 under Order 21 Rule 11 of C.P.C. against defendant Nos.2 and 3, who are the petitioners herein, seeking enforcement of the decree by way of the sale of the attached schedule property. The schedule property is a house bearing D.No.2-292, Old Dairy Farm Post, Chinagadili village, Indiranagar, Visakhapatnam Municipal Corporation Limits. The boundaries of the said property shown in E.P.No.104 of 2003 are as follows East - Municipal Road South - House bearing D.No.2-293 West - Compound wall and vacant site belonging to Sri Pratap. North - House bearing D.No.2-291
(2.) Sale notice was published on 22/10/2002, proposing the sale on 14/11/2002, and on which date, sale was conducted and respondent No.2 herein, Mr. Kata Venkata Reddy stood as highest bidder and the bid was knocked down in his favour for Rs.14,50,000.00 and the sale was confirmed on 30/1/2006 and the sale certificate was also issued on 19/4/2006. Pending E.P.No.104 of 2003 (Old E.P.No.573 of 2000), M/s. Kalyani Constructions, represented by its Managing Partner Smt. Rajamudili Sujatha filed E.A.No.674 of 2002 (New E.A.No.29 of 2003) on 8/11/2002 against the decree holder, judgment debtors (petitioners herein) under Sec. 47 of the C.P.C. on the ground that the petitioners herein sold two items of the property by way of registered sale agreement-cum-general power of attorney on 12/1/2001. Schedule of the said E.A.No.674 of 2002 (New E.A.No.29 of 2003) is as follows:- Visakhapatnam District, Visakhapatnam Sub-Registry, Visakhapatnam Municipal Corporation, Pedagadili village and Panchayat, Chinagadili village bearing S.No.110/2part, un- divided and unspecified share of 372.4 Sq.yds or 311.326 Sq.mts. together with a 130 Sft.A.C.Sheets shed thereon bearing Door No.2-293/1, Assessment No.108306, Ward No.25 out of total area of 532.4 Sq.yds with 150 Sft.A.C.Sheet shed and bounded by: East : Road 88 feet or 26.82 mts South : Property belongs 62 feet or 18.90 mts to Dr.N.Venkata Rao West : Property belongs to 74 feet or 22.56 mts T.Vijayalakshmi North : Walkway lane 62 feet or 18.90 mts Item No.II:- All that site measuring 721.20 Sq.yds or 602.923 Sq.mts out of 871.20 Sq.yds or 720.436Sq.mts and with a plinth area of 300 Sft. Out of 400 Sft. In R.C.C.Building bearing Dr.No.2-293, assessment No.108305 situated in Adarshnagar area, covered by S.No.110/2 part of Chinagadili village within the limits of Visakhapatnam Sub-Registry and Municipal limits and bounded by: (ist item No.726Sq.yds or 607.031Sq.mts. East : Property belonging to the heirs 75 feet or 22.86 mts of late Bonda Nageswara Rao South: Property belonging to 86 feet or 26.21mts Dr. Venkata Rao West : Item No.II of this property 70 feet or 21.33 mts North: Property belonging to 110 feet or 33.53 mts Sri Raghavareddy Rajashri and Sri Rama Murthy (2nd item No.145.20 Sq.yds or 121.407 Sq.mts. East : I st item property partly and 70 ft or 24.60mts property belonging to Sri Raghavareddy West : Property belonging to the heirs of late 70 ft. or 3.0 mts Bonda Nageswara Rao South: Property belonging to D.Venkatarao 10 ft. or 3.0 mts North: Property belonging to the heirs of 10 feet or 3.0 mts late Bonda Nageswara Rao."
(3.) The decree holder/respondent No.1 herein contested the said E.A.No.674 of 2002 by way of filing counter. The said E.A.No.674 of 2002 was dismissed as not pressed on 16/9/2004. One day after the dismissal of E.A.No.674 of 2002 as not pressed, i.e., on 17/9/2004, one Smt. Thota Vijayalakshmi, represented by her general power of attorney-cum-sale agreement holder, M/s. Kalyani Constructions, represented by its Managing Partner, Smt. Rajamudili Sujatha filed E.A.No.367 of 2004 under the provisions of Order 21 Rule 58 C.P.C. against the decree holder, auction purchaser (respondent No.2 herein) and the petitioners herein. In this context, it may be pertinent to note that Smt. Thota Vijayalakshmi is a daughter of defendant No.1, late Sri Bonda Nageswara Rao and petitioner No.1 herein. The said E.A.No.367 of 2004 was contested by the decree holder by way of filing counter. The learned Principal Senior Civil Judge, Visakhapatnam, by way of an order dtd. 3/8/2005, dismissed the said E.A.No.367 of 2004. Petitioners herein represented by their general power of attorney-cum-sale agreement holder, M/s. Kalyani Constructions, represented by its Managing Partner, Smt. Rajamudili Sujatha, on 16/9/2004, filed E.A.No.293 of 2004 under Sec. 47 of the C.P.C. against the decree holder and the auction purchaser, arraying them as respondent Nos.1 and 2 in the said application for the following reliefs:- "The petitioners therefore pray that the Honourable Court may be pleased to pass an order in favour of the petitioners and against the respondents:- a) declaring that item Nos.1 and 2 of the Petition schedule properties and described as CDMJ and IJKL of the rough plan said to be covered under attachment order in I.A.No.1004/97 cannot be brought to sale in view of a personal decree passed against the petitioners 1 and 3 and not against the assets of late Bonda Nageswara Rao lying in the hands of petitioners 1 and 2 in O.S.933/97; b) by declaring that the items 3 to 5 of the petition schedule property and shown as ABHICD in the rough plan are not covered under the attachment order in I.A.No.1004/97 in O.S.No.933/97 on the file of Prl.Sr.Civil Judge Court, Visakhapatnam, by setting aside the sale conducted on 14/11/2002 in the above E.P. and knocked down in favour of 2nd respondent; c) decide all necessary questions involving and arising out of the execution and for costs; d) for such other relief or reliefs as the Honourable Court deems fit and proper in the circumstances of the case." ;


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