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2015 Supreme(AP) 390

K.C.BANU
Nerella China Venkata Subba Rao – Appellant
Versus
Gunda Anka Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Venumadhav
For the Respondents: Srinivasa Reddy

Order

K.C. Banu, J.

1. This civil revision petition, under Section 115 of the Code of Civil Procedure, 1908 (for short, 'CPC') is directed against the order and decree, dated 4.10.2012, in Execution Application No. 444 of 2008 in Execution Petition No. 51 of 2000 in Original Suit No. 130 of 1998 passed by the Junior Civil Judge, Macherla, Guntur District. The aforesaid execution application was filed by the petitioner/judgment debtor under Order XXI Rule 90 and Section 151 C.P.C. seeking to set aside the sale, dated 9.6.2008, on the ground that the description of the property sought to be sold in the auction has not been specifically mentioned and the valuation of the property is shown as Rs. 75,000/-, whereas the actual market value of the property is more than Rs. 11,00,000/-. The said petition was dismissed holding that the petitioner did not raise any objection before proclamation of sale was drawn up as contemplated under Order XXI Rule 90(3) C.P.C.

2. Learned Counsel for the petitioner contended that the value of the property shown in the auction is very meagre i.e., Rs. 75,000/-, but as per the basic value register of the Office of the Sub-Registrar, the value of the property i












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