D.H.BABU Vs. K.APPA RAO
LAWS(APH)-2022-1-1
HIGH COURT OF ANDHRA PRADESH
Decided on January 04,2022

D.H.Babu Appellant
VERSUS
K.Appa Rao Respondents

JUDGEMENT

R.RAGHUNANDAN RAO, J. - (1.) The appellant herein purchased a property under a registered deed of sale dated 06/01/2015 registered as document No.60 of 2015. Thereafter, upon coming to know on 08/03/2018, that the said property is the subject matter of an Execution Petition bearing E.P.No.17 of 2016 in O.S.No.698 of 2014 in the Court of the XII Additional District Judge, Visakhapatnam, the appellant herein had moved E.A.No.14 of 2018 under Order XXI Rule 58 of C.P.C.
(2.) In the course of the said proceeding, the executing Court recorded the finding that the E.P. schedule property had been attached on 08/12/2014 in O.S.No.698 of 2014 and the execution of the deed of sale on 26/12/2014 in favour of the appellant and registration of the said deed of sale on 06/01/2015 is subsequent to the attachment of the E.P. schedule property. This finding is not disputed.
(3.) It appears that O.S.No.698 of 2014 had been filed by the 1st respondent herein against the 2nd respondent herein for recovery of an amount of Rs.18,65,000.00 on the basis of a promissory note and after the initial attachment on 08/12/2014, the same was made absolute on 09/02/2016 vide order in I.A.No.1130 of 2014 in O.S.No.698 of 2014.;


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