G.BIKSHAPATHY
N. Mohana Kumar – Appellant
Versus
Bayani Lakshmi Narasimhaiah – Respondent
( 1 ) BOTH Civil Revision Petitions can be disposed of by a common judgment. The petitioner in both the Civil Revision , petitions is the auction purchaser of the suit schedule property in E. P. No. 33 of 1983.
( 2 ) IT is necessary to trace out the relevant facts leading to the filing of the Civil revision Petitions. One Mr. Vemula shivaramaiah filed suit in O. S. No. 115 of 1979 on the file of the Principal Subordinate judge, Kurnool against late Byasani laxmaiah for recovery of money and the said suit was decreed. By the time, E. P. proceedings were initiated, Laxmaiah expired and L. Rs. of Laxmaiah were made j. Drs. in the E. P. Late Laxmaiah had two sons, one daughter and wife. Execution proceedings were initiated by the decree-holder Vemula Shivaramaiah (hereinafter called as decree-holder for the purpose of convenience) and brought the schedule mentioned properties for sale. In pursuance of sale held by the Court on 12-3-1984, the auction purchaser Mr. N. Mohan Kumar, who is the petitioner in the present two civil Revision Petitions, was the highest bidder and it was knocked down in his favour for a sum of Rs. 12,700/- subject to the mortgage decree in O. S
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