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2021 Supreme(AP) 1043

M.VENKATA RAMANA
Nerella Dharmendra S/o Vemulaiah – Appellant
Versus
Sanka Prasad S/o Narahari Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Raja Reddy Koneti.
For the Respondent: C. Brahmaramba.

JUDGMENT :

M. VENKATA RAMANA, J.

1. The appellant instituted E.A. No. 133 of 2014 in E.P. No. 6 of 2014 in O.S. No. 62 of 2010 on the file of the Court of learned Senior Civil Judge, Mangalagiri, against the respondents.

2. The first respondent was the decree-holder in E.P. No. 6 of 2014 in O.S. No. 62 of 2010 and the second respondent was the Judgment-debtor therein.

3. E.P. No. 6 of 2014 in O.S. No. 62 of 2010 was filed in execution of the decree in the suit and mode of execution sought is by sale of the E.P. schedule property.

4. Smt.Thunuguntla Swaroopa Lakshmi is the sister of the second respondent. The appellant had purchased ‘A’ schedule property mentioned in his claim petition from Smt.Thunuguntla Swaroopa Lakshmi along with other properties under a registered sale deed dated 29.01.2011. According to the appellant, this sale deed was preceded by a registered agreement for sale dated 31.07.2010.

5. The first respondent got E.P. schedule property attached before judgment in I.A. No. 824 of 2020 in O.S. No. 62 of 2010 and it was effected on 13.05.2020.

6. Contending that sale of the property purchased by him from the sister of the second respondent in Court auction is proper and lega

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