Appeal under Order 43 Rule 1 & 2 CPC., against the order/decree in E.A.No.421 of 2008 in E.P.No.282 of 2007 in OS No: 212 of 2006 dated 20/10/2010 on the file of the Court of the 1 Additional Senior Civil Judge, Rajahmundry.

The 1st respondent filed O.S.No.212 of 2006 in the Court of I Additional Senior Civil Judge, Rajahmundry, against the appellant for recovery of Rs.4 lakhs with interest. The suit was decreed ex parte, on 31-10-2006. The decree became final, but the appellant did not pay the amount. The 1st respondent got an item of immovable property owned by the appellant, under Rule 5 of Order 38 C.P.C., attached. The property was brought to sale on 22-04-2008 in E.P.No.282 of 2007, and the 2nd respondent emerged as the successful bidder for a sum of Rs.12 lakhs.

The appellant filed E.A.No.421 of 2008, with a prayer to set aside the sale. He pleaded that he was not aware of the execution proceedings and it is only when the Court record was verified, that he came to know about the same. He mentioned that the actual value of the property was not mentioned; the notice contemplated under law was not issued, and that the property was sold, almost at half of its value. Ce