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E.DHARMA RAO
Devu Veerabhadra Rao – Appellant
Versus
Gollapalli Latchanna (Died) – Respondent


Advocates Appeared:
For the Petitioners: Mr. V.L.N.G.K. Murthy Counsel
For the Respondent: Mr. V.V.L.’N. Sarma Counsel

ORDER :

1. This Civil Revision Petition is directed against the order dated 18.4.1988 in Civil Miscellaneous Appeal No. 1 of 1985 passed by the learned III Additional District Judge, Kakinda, dismissing the appeal preferred against the order dated 5.10.1982 passed by the learned I Additional Subordinate Judge, Kakinada, in E.A. No. 46 of 1982 in E.P. No. 247 of 1978 in O.S. No. 46 of 1976, filed under Section 47 of the Code of Civil Procedure (for brevity the Code), allowing the petition setting aside the sale holding that there was no sale in the eye of law and the same was treated as nullity on the ground that the petitioners herein have no salable interest in the suit schedule property and they have played fraud both on the respondents and the court.

2. The facts, in nutshell, leading to the filing of this Revision Petition, are that the first respondent who was the decree holder in OS No. 47 of 1976, brought the properties of the respondents 2 to 4 for sale in execution of the decree and the sale was held on 30.9.1981, which were purchased by the petitioner for Rs. 21,000/-. The sale was confirmed and sale certificate was to be issued. While so, on 27.12.1981 the petitioner went

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