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HIGH COURT OF ANDHRA PRADESH
K.MANMADHA RAO
Ketha Bhuvamma – Appellant
Versus
Devarapu Bala Bhogeswara Satyanarayana – Respondent
ORDER :
K. MANMADHA RAO, J.
This Civil Revision Petition is preferred aggrieved by the order dated05.07.2024 passed in E.P.No.47 of 2023 in O.S No.131 of 2008 on the file of Civil Judge (Senior Division), Tadepalligudem (for short “Executing Court”).
2. The present impugned EP No.47 of 2023 in O.S No.131 of 2008 has been filed by the respondents herein before the Executing Court seeking to issue prior notice to J.D R under Order 21 Rule 54 C.P.C and to attach the Schedule property there after issue notice to J.D.Rs under order 21 Rule 64 to 66 C.P.C and brought the same for sale and recover the E.P amount, subsequent interest etc. After hearing the submissions of both the learned counsels and keeping in view the circumstances of the case the Executing Court has allowed the said E.P. at the stage of Rule 22 of Order 21 of the Code and held that the schedule property is ordered to be attached under Rule 54 of Order 21 CPC and simultaneously order Rule 54 (1-A) CPC notice to the judgment debtors on process. Aggrieved by the same, the petitioners herein preferred the present Civil revision petition.
3. Heard Sri T.V.Jaggi Reddy, learned counsel appearing for the petitioner and Sri K. Mahad
The absence of legal representatives of a deceased party in execution proceedings renders the execution improper, requiring the court to address objections regarding ownership and property details.
Point of law: Substantial rights of the parties involved in the case on hand because both parties are claiming title basing on their respective titles, that cannot be looked into in civil revision pe....
whether Section 35 of the Act is mandatory or directory the sale held in violation of the said provision is only illegal but not a nullity and therefore, it can be set aside only in the manner and th....
The court emphasized the limited grounds on which a decree is unexecutable and highlighted that the right of the Decree Holder to obtain relief is determined in accordance with the terms of the decre....
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