ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the judgment passed by a learned Single Judge of the Andhra Pradesh High Court dismissing the Civil Revision petition filed under Article 227 of the Constitution of India, 1950 (in short 'the Constitution') read with Section 115 of the Code of Civil Procedure, 1908 (in short the 'code' ).

( 2 ) BACKGROUND facts in a nutshell are as follows:

The appellant filed a suit O. S. No. 57/96 against respondent No. 2 for recovery of Rs. 4,49,500/ -. The respondent No. 1 also filed a suit O. S. No. 65/96 against respondent No. 2 for foreclosure of the mortgage in his favour for a sum of Rs. 1,00,000/ -. Both the suits were pending on the file of the Senior Civil Judge, Suryapet. During the pendency of the suit appellant filed IA No. 413/96 for attachment before judgment and same was ordered in terms of order dated 7. 10. 96. OS No. 65/96 filed by respondent No. 1 was decreed against respondent No. 2. Respondent No. 1 filed an execution petition (EP No. 1/99) and sought for sale of mortgaged property as respondent No. 2 did not satisfy the decree. Respondent No. 1 indicated the value of the property to be rupees three lakhs. The bailiff