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2010 Supreme(AP) 1198

L.NARASIMHA REDDY
Patnam Subbalakshmamma – Appellant
Versus
Sunkugari Sreenivasa Reddy – Respondent


Advocates appeared:
For the Petitioner:M. Radha Krishna, Advocate.
For the Respondents:R1, S. Laxminarayana Reddy, R2, Subba Rao, Advocates.

JUDGMENT :

This civil revision petition presents an occasion to know the subtle distinction between the rights of the judgment debtor in a suit for foreclosure of mortgage, on the one hand, and ordinary money suit, on the other.

2. The 1st respondent filed O.S.No.83 of 2005 against the petitioner, in the Court of Principal Senior Civil Judge, Nandyal, for redemption of mortgage. A preliminary decree was passed by the trial Court, on 08.06.2003. It appears that no appeal was filed against the preliminary decree. The respondent filed I.A.No.183 of 2006, for final decree and the same was allowed, on 05.01.2007. Since the petitioner failed to pay the amount, the respondent filed E.P.No.76 of 2007, for sale of the mortgaged property, being a house with ground and first floors; in Nandyal Town.

3. Though it is not immediately relevant, it is necessary to mention that the daughter of the petitioner filed O.S.No.22 of 2007 in the Court of III Additional District Judge, Nandyal for specific performance of an agreement of sale, dated 06.04.2001, in respect of the same property. That, however, does not appear to have fructified.

4. The petitioner filed I.A.No.1156 of 2007, with a prayer to a
























































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