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2016 Supreme(AP) 476

B.SIVA SANKARA RAO
Bangaru Krishnarjuna – Appellant
Versus
Dasari Atchutamba – Respondent


Advocates Appeared:
For the Petitioners:Srinivas, Advocate.
For the Respondents:Madhavi Priya, Advocate.

JUDGMENT :

B. Siva Sankara Rao, J.

1. The revision petitioners are third parties to the suit O.S.No.176 of 2002 filed by the plaintiff against the defendant for recovery of money. The suit was decreed in favour of the plaintiff on 25.02.2009. Thereafter, the plaintiff filed E.P.No.109 of 2009 for sale of the petition schedule property for realisation of the decree amount and the property was sold on 23.04.2013 in the public auction. Questioning the public auction dated 23.04.2013, the petitioners/third parties to the suit but for claiming as vendees from judgment debtor (for short J.Dr.) filed E.A.SR.No.1688 of 2014 in E.A.No.95 of 2014 under Order XXI Rule 90 CPC to set aside the auction on the grounds of irregularity in conducting the sale for the entire property, instead of sufficient portion therein and said petition since rejected holding not maintainable, the present revision is filed impugning the same.

2. It is the contention of the learned counsel for the petitioners that the lower Court gravely erred in rejecting the petition and failed to consider the principles of law that while conducting auction sale in execution of a decree, the Court is under a duty to follow the manda














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