JUDGMENT :

K. MANMADHA RAO, J.

1. The present appeal is filed against the Order and Decree dated 09.12.2019 in E.A. No. 32 of 2017 in E.P. No. 50 of 2013 in O.S. No. 98 of 2010 on the file of the learned I Additional District and Sessions Judge, Nellore (hereinafter referred to as the “Court below”).

2. The parties shall hereinafter be referred to as appellant/claim petitioner and respondents 1 to 4/D. Hrs and respondents 5 and 6/J. Drs 2 and 3.

3. The facts in brief are thus:

O.S. No. 98 of 2010 has been filed by the respondents 1 to 4 herein against one Pallala Bujjamma and respondents 5 and 6 herein for realization of the suit amount by redemption of mortgage passing a preliminary decree. The said suit was preliminarily decreed on 13.11.2011. Thereafter final decree was passed on 05.08.2013. As the defendants failed to comply the preliminary decree and final decree, the plaintiffs filed E.P. No. 50 of 2013 to sell the suit schedule property and realize the E.P. amount. In the pending E.P. the appellant herein i.e. third party filed E.A. No. 32 of 2017 under Order XXI, Rule 58, r/w Section 151 of C.P.C. The executing Court by the impugned order dismissed E.A. No. 32 of 2017.

4. E.A. No