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2023 Supreme(Online)(AP) 8439

HIGH COURT OF ANDHRA PRADESH
SUBBA REDDY SATTI, J
NALLURI CHENCHAIAH – Appellant
Versus
PADMANABHUNI VENKATA MALLIKARJUNA RAO – Respondent


ORDER

Judgment debtor filed the above revision against the order dated 22.11.2022 in E.A.No.82 of 2022 in E.P.No.79 of 2018 in O.S.No.204 of 2015 on the file of Principal Junior Civil Judge, Nellore.

2. 1st Respondent, being plaintiff, filed suit O.S.No.204 of 2015 against the defendant-judgment debtor for recovery of money. Suit was decreed on 29.09.2016. Pursuant to decree and judgment, decree holder filed E.P.No.79 of 2018 under Order XXI Rule 22 to issue notice to judgment debtor and thereafter attach the schedule property under Rule 54 and to sell the schedule property under Rules 64 and 66 for realization of decretal amount. The schedule property mentioned in the E.P. is an extent of 19 ankanams and 2 square feet or 152.222 square yards of vacant site. The Executing Court, after following the procedure, conducted auction on 26.08.2022. The 2nd respondent herein became the auction purchaser for Rs.22,50,000/- and he deposited 1/4th of auction amount along with poundage on the date of auction. Later deposited remaining 3/4th amount on 05.09.2022. E.P. was adjourned to 07.11.2022 for confirmation of auction.

3. On 12.09.2022, judgment debtor filed E.A.No.82 of 2022 under Order XXI

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