The court upheld the executing court's decision, affirming that the objector's property claims were distinct from the execution schedule property, validating the executing court's order rejecting the application.

JUDGMENT :

S.R. KRISHNA KUMAR, J.

Though the appeal is listed for admission, with the consent of all parties, matter is taken up for final disposal.

2. This appeal by the applicant in I.A.No.16 in Execution Case No.28/2020 is directed against the impugned orders dated 31.07.2025 passed by the Principal Senior Civil Judge and JMFC, Hosapete, [Hereinafter referred to as “the Executing Court” for short], whereby the said application filed by the appellant – applicant in I.A.No.16 was dismissed by the Executing Court.

3. Briefly stated, the facts giving rise to the present appeal are as under.

4. Respondent No.1 - Decree Holder instituted a suit in O.S.No.64/2012 against one Sri Dheerendra Swamy for recovery of a sum of Rs.40,00,000/- together with interest at the rate of 12% per annum and for other reliefs.

5. It is a matter of record and an undisputed fact that the aforesaid Dheerendra Swamy expired and respondent No.2 to 4 are his legal heirs and legal representatives. After contest, the said suit came to be decreed in favour of respondent No.1 - Decree Holder against respondent No.2 to 4 vide judgment and decree dated 01.10.2018. The operative portion of the said judgment and decree reads as under:

“ORDER

The suit of plaintiff is hereby decreed in part with cost.

The plaintiff is entitled to recover Rs.40,00,000/- with future interest at the rate of 12% per annum from defendants from the date of suit till realization. The liability of Defendant No.1(a) to (c) shall be to the extent of estate and properties succeeded by them from deceased original defendant Dheerendra Swamy.

Draw decree accordingly.”

6. It is also an undisputed fact that the aforesaid judgment and decree directing respondent Nos.2 to 4 to pay a sum of Rs.40,00,000/- together with future interest at the rate of 12% per annum from the date of suit till realization and further directing that the liability of respondent Nos.2 to 4, shall be to the extent of estate and properties succeeded to by them from the deceased Dheerendra Swamy, has attained finality and become conclusive and binding upon respondent Nos.2 to 4.

7. Subsequently respondent No.1 – Decree Holder instituted the instant execution proceedings in Execution Case No.28/2020 against respondent Nos.2 to 4 seeking execution and implementation of the aforesaid judgment and decree passed in his favour against respondent Nos.2 to 4. In the said execution proceedings, respondent No.1 sought for attachment of converted property bearing Sy.No.134/B4/B2 measuring 3 acres 38 cents, [Hereinafter referred to as “the execution schedule property”]. Pursuant to which, the Executing Court passed an order dated 11.01.2021 attaching the said execution schedule property. Thereafter, the Executing Court brought the aforesaid execution schedule property to sale and the same was purchased by respondent No.5 vide auction sale dated 25.10.2021. Meanwhile, respondent No.6, Syed Thabrej Khadri claiming to be the owner of agricultural lands bearing Sy.No.134-B4/B3, measuring 12 cents and Sy.No.134-B4/B1 measuring 16 cents, filed an application in I.A.No.7 dated 15.12.2021 under Order XXI Rule 58 of the Code of Civil Procedure, 1908 , [Hereinafter referred to as “the CPC” for short] seeking adjudication of his right over the aforesaid properties to an extent of 28 cents. The Executing Court directed enquiry to be conducted in the said matter on the said application and both parties adduced oral and documentary evidence culminating in an order dated 21.12.2023, which reads as under:

"ORDERS ON IA NO.VII

The Learned counsel for the 3rd party viz Sayed Tabrez Khadri has filed IA No. VII under Order XXI Rule 58 r/w Sec.151 of CPC seeking to set aside the sale of the suit schedule property.

2 In the affidavit, the 3rd party Syed Tabriz Khadri contended that, the decree holder has filed a recovery petition against the JDR’s and sought for auction of the property bearing No.134/*/ B4/ B/2 measuring 3 acres 38 guntas situated at Hosapete taluk and Hospe