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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K.Krupa Sagar
Gadamastty Venkata Hanumantha Rao – Appellant
Versus
Master Printer Building Society – Respondent
| Table of Content |
|---|
| 1. revision petition filed under article 227 (Para 1 , 2) |
| 2. argument about violation of procedure in execution (Para 3 , 4 , 5) |
| 3. execution court's powers under cpc (Para 6 , 10 , 11 , 12 , 14) |
| 4. background of the underlying civil suit (Para 7 , 8 , 9) |
| 5. conclusion upholding the execution court's order (Para 15 , 20 , 21 , 22) |
ORDER :
V R K Krupa Sagar, J.
“It is therefore prayed that this Hon'ble Court may be pleased to declare the action of the Executing Court in registering the sale deed vide Document No.5088 of 2019, dated 06.07.2019 before the Joint Sub Registrar, Tadikonda, Guntur District in favor of the Respondent No.1 as illegal, arbitrary, erroneous as it was registered on fraudulent means and consequently cancel the sale deed registered vide Document No.5088 of 2019, dated 06.07.2019 before the Joint Sub Registrar, Tadikonda, Guntur District by setting aside the order dated 21.06.2019 made in E.P.No.61 of 2018 in O.S.No.111 of 2015 on the file of the Senior Civil Judge, Mangalagiri, Guntur District and allow the Civil Revision Petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of this case.”
3. Sri
Fraud allegations in execution proceedings must be substantiated; compliance with procedural requirements under CPC validates the sale deed execution.
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.
(1) Appeal lies to Registrar against order of Sub-Registrar refusing to admit a document to registration, except where refusal is made on the ground of a denial of execution.(2) Execution of a docume....
The court ruled that a decree against a Society is inexecutable due to non-compliance with mandatory representation provisions, and strict adherence to procedural rules under CPC is necessary for exe....
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The sale of property in execution of a decree must comply with procedural rules, only necessitating sufficient property to satisfy the decree amount, failing which the sale is invalid.
Execution sales must adhere to the limitations set by procedural rules to ensure justice, with only sufficient property sold to satisfy the decree amount.
An execution court is obligated to sell only such portion of the property as is necessary to satisfy the decree, and selling the entire property without examining this aspect is illegal and without j....
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