HON’BLE SRI JUSTICE J. SREENIVAS RAO CIVIL REVISION PETITION No.2266 OF 2025

ORDER

This Civil Revision Petition has been filed aggrieved by the order dated 23.01.2025, passed by the Execution Court in E.A.No.46 of 2024 in E.P.No.118 of 2022 for default.

2. Heard Sri R.R.Kalyan, learned counsel for the petitioner and Sri Pulla Rao Yellanki, learned counsel for respondent No.1 and Sri Gajanand Chakravarthi, learned counsel for respondent No.2.

3. Learned counsel for the petitioner submits that petitioner filed claim petition namely E.A.No.46 of 2024 invoking the provisions of Order 21 Rule 58(1) (2) and (3) (A) read with Section 151 of Code of Civil Procedure Code claiming rights over the E.P. Schedule property, pursuant to the registered sale deed vide Document No.3241 of 2011 dated 26.12.2011 which is said to have been executed by the Judgment Debtor, especially she purchased the property prior to the attachment order granted in favour of the respondent No.1 Decree holder. The Execution Court without giving opportunity much less reasonable opportunity dismissed the claim petition on 23.01.2025, on the sole ground of non- appearance of the petitioner. Unless the Execution Court decide