KOLLA SUBBAIAH Vs. NERELLA CHANDRASEKHARA RAO

JUDGEMENT

(1.) This revision petition is filed against an order made in E.P. No.91 of 1996 in O.S. No.58 of 1994 on the file of the Senior Civil Judge, Chirala.

(2.) The facts of the case in brief are that the revision petitioner is the judgment debtor. The respondent in the revision petition is a decree holder. He filed E.P. No.91 of 1996 in O.S. No.58 of 1994 on the file of the Senior Civil Judge, Chirala for bringing the properties of the judgment debtor to sale for realisation of the decree amount.

(3.) For the purpose of convenience, the parties will be referred to as decree holder and judgment debtor. The Decree holder obtained a money decree in O.S.No.58 of 1994 against the judgment debtor on the strength of a registered mortgage deed and obtained final decree on 1.11.1996 for bringing the mortgaged properties to sale for realization of E.P. amount. The judgment debtor raised an objection stating that he had been adjudged as insolvent on 31.10.1997 in E.P.No.3 of 1994 on the file of the Subordinate Judge, Bapatla and hence the decree holder is not entitled to bring the mortgaged property to sale for the purpose of realization of the E.P. amount, since the property was already vested with the Official Receiver, Guntur. It was further stated that the suit had been filed for partition and the same is pending.