KOVVURI LAKSHMI NATAYANA REDDY Vs. MAMIDI RAVI RATNA SWAROOP

JUDGEMENT

(1.) These revisions are filed by the decree holder in O.S. No. 166 of 2004 on the file of the I Additional Senior Civil Judge, Kakinada challenging the order dt. 28.2.2007 of the II Additional Senior Civil Judge, Kakinada in EA No. 4 of 2007 and in Memo SR No. 4589 of 2005 in EP No. 195 of 2004 in the said suit. The petitioner had filed O.S. No. 166 of 2004 against one Mamidi Ravi Ratna Swaroop for recovery of Rs. 3,45,696/- being the principal and interest due under a pro-note dt 1.11.2001 executed by the latter in his favour. The said suit was decreed ex parte on 27.4.2004 by the I Additional Senior Civil Judge, Kakinada.

(2.) The petitioner filed EP No. 195 of 2004 for recovery of Rs. 3,77,913/- and brought property allegedly belonging to the judgment debtor to sale. With the permission of the Court, the petitioner also bid in the auction conducted by the Court and became the highest bidder for Rs. 9,10,000/-.

(3.) Before the sale could be confirmed, two third parties filed a claim petition contending that each of them had 1/3rd share in the EP schedule property and therefore the sale to that extent has to be set aside. These claim petitions were allowed on 25.9.2006, the sale of 2/3rd of the EP schedule property was set aside and the sale of only (sic).