THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION NO.5310 OF 2011

ORDER:

This revision is filed under Section 115 of the Code of Civil Procedure (CPC) questioning the order dated 18.02.2009 passed by the Principle Junior Civil Judge, Narsapur in E.A.No.187 of 2006 in E.A.No.62 of 2006 in E.P.No.147 of 2003 in O.S.No.169 of 1990 dismissing the application filed by the petitioner herein, under Section 47 read with Section 151 CPC with a prayer not to record the delivery of item No.2 of the E.P. Schedule property pending disposal of E.A.No.62 of 2006.

The petitioner filed the petition alleging that the first respondent filed the suit against the petitioner and obtained decree and filed execution proceedings for realisation of the decretal amount by sale of E.P. Schedule property. Accordingly, the property was sold in public auction in which the second respondent became highest bidder. While conducting the auction of E.P. Schedule property, the D.Hr.-first respondent played fraud and got conducted the auction. The first respondent has not furnished the value of the property and the J.Dr. value is also not mentioned in the sale papers or proclamation but the property w