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SUBBA REDDY SATTI
Shaik Shahida – Appellant
Versus
Shaik Moulali – Respondent
JUDGMENT
1. Judgment debtor filed the above revision against the order dtd. 1/4/2022 in C.M.A.No.5 of 2018 on the file of V Additional District Judge, Vijayawada confirming the order dtd. 23/3/2018 in E.A.No.44 of 2013 in E.P.No.10 of 2012 in O.S.No.245 of 2009 on the file of II Additional Senior Civil Judge, Vijayawada.
2. Decree Holder filed suit O.S.No.245 of 2009 on the file of II Additional Senior Civil Judge, Vijayawada against the petitioner herein and three minor children for recovery of amount from the estate of husband of petitioner by name Galib Bude. Suit was decreed on 10/10/2011. Pending the suit, I.A.No.259 of 2009 was filed under Order XXXVIII Rule 5 of CPC and item Nos.1 to 4 shown in the petition schedule were attached. Pursuant to judgment and decree, E.P.No.10 of 2012 was filed under Order XXI Rule 64 of 66 of CPC. The executing Court ordered notices and they were served on petitioner and others (judgment debtors 1 to 4). Sri NSR, Advocate filed vakalat on behalf of respondents 1 to 4 as per docket endorsement dtd. 14/6/2012. Execution petition was adjourned from time to time for filing counter. On 10/9/2012 the executing Court adjourned the matter to 26/9/2012 fo
A sale in execution of a decree cannot be set aside unless the judgment debtor proves material irregularity, fraud, or substantial injury.
The court emphasized the application of Order XXI Rule 90 of the CPC in cases of substantial irregularities causing injury to the judgment-debtor and cited legal precedents to support its decision.
The court upheld the validity of the execution sale, ruling that the appellant failed to prove material irregularities or substantial injury, affirming the finality of the trial court's decree.
The executing court is required to assign reasons for its conclusion in an order, and failure to do so may result in the order being set aside.
The court affirmed that disputes regarding execution of decrees must be resolved by the executing court, and allegations of fraud must be substantiated with evidence.
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