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2023 Supreme(AP) 449

TARLADA RAJASEKHAR RAO
V. S. Rao, Krishna Dist And Other – Appellant
Versus
M/s J Finance Company, Krishna Dist And Other – Respondent


Advocates appeared:
Srinivasa Rao Bodduluri, Advocate, P Prabhakar Rao, Advocate, Venkateswarlu Chakkilam, Advocate

JUDGMENT

Tarlada Rajasekhar Rao, J. - The 1st respondent herein is the plaintiff in the Suit O.S. No.446 of 2009 filed suit for recovery of money basing upon the promissory note and the said suit was decreed exparte. Later, the 1st respondent herein filed Execution Petition No.80 of 2011 for realization of amount and got attached property of the appellants herein who are the defendants in the suit under Order 21 Rule 54 of CPC. Later, the 1st respondent herein also filed an application under Rule 64 and 66 respectively to Order the property attached to be sold and sale proceeds to be paid to the decree holder and for proclamation of sale by public auction. In the said petitions, the appellants herein were given notices. Accordingly, the execution Court has sold the property by conducting auction on 06.06.2013, the same was confirmed on 15.09.2015 and sale certificate was issued on 18.02.2016.

2. While the things stood thus, the appellants herein who are the judgment debtors in Execution Petition filed an application vide E.A. No.118 of 2015 with a prayer to permit to deposit the warrant amount due as on 06.06.2013 and 5% of the bid amount and appellant herein also filed EA No.131 of

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