KOSURI KOTESWARA RAO Vs. KOTHU VENKATARAMANA RAO
HIGH COURT OF ANDHRA PRADESH
KOSURI KOTESWARA RAO
KOTHU VENKATARAMANA RAO
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(1.)The short question that arises for consideration of this Civil Revision Petition is whether in the case of a mortgage debt which was contracted by more than one mortgagor, who own the mortgaged properties separately and not jointly, can a purchaser of the mortgaged properties from one of the mortgagors claim to be entitled to have the mortgage debt satisfied in the first instance by the sale of the property or properties not sold to him and belonging to other mortgagor.
(2.)The facts of the case may be stated thus:
(3.)Respondents 2 and 3 herein mortgaged six items of properties to the first respondent The second respondent was the owner of items 1, 2 and 3 and Ac.0-20 cents in item No. 6. The second respondent was declared an insolvent and in the sale by the Officer Receiver the petitioner herein purchased the items of the second respondent mentioned above. Subsequently , the first respondent file a suit for recovery of the mortgage debt. After final decree was passed, he filed an execution petition to sell all the items of the property. In that execution petition, the petitioner herein filed a counter requesting the executing court to sell the mortgaged properties, not sold to him, in the first instance and to sell the properties purchased by him thereafter when the decree amount still remains unsatisfied in full. The lower court by following the decision in S.L.N. Somayajulu v. N.P. Sidhanthi, (1957) 2 Andh WR 385, came to the conclusion that the first respondent can proceed against any of the mortgaged properties in the satisfaction of his decree and he cannot be directed to proceed against the mortgaged properties in any particular order and accordingly refused to give direction as prayed for by the petitioner. It is against this view taken by the lower court that this revision petition has been filed.
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