CRP Nos. 100 and 105 of 2017. Case: Paluri Gopala Krishna Vs Y. Surya Prakasa Rao and Ors.. High Court of Andhra Pradesh (India)

Case NumberCRP Nos. 100 and 105 of 2017
JudgesM.S. Ramachandra Rao, J.
IssueCivil Procedure Code
Judgement DateFriday January 27, 2017
CourtHigh Court of Andhra Pradesh (India)

Order:

M.S. Ramachandra Rao, J.

  1. Since these two Revisions arise out of the same suit, they are being disposed of by this common order.

  2. The petitioner herein is judgment-debtor in O.S. No. 15 of 2010 on the file of Senior Civil Judge, Tadepalligudem.

  3. The said suit was filed on the basis of an equitable mortgage for recovery of sum of Rs. 8,53,650/- by respondents against the petitioner.

  4. A preliminary decree was passed on 22.03.2012 in the suit. Final decree was passed on 12.04.2013.

  5. On 25.04.2014, E.P. No. 31 of 2014 was filed for recovery of a sum of Rs. 9,35,869/- by way of sale of E.P. Schedule property, belonging to petitioner.

  6. Summons were issued for service on petitioner, and on the basis that such summons were returned unserved, substituted service was ordered by the Court below in a newspaper by name 'Gopi Krishna' newspaper having local circulation. It was accordingly published on 08.10.2015, and since petitioner was absent he was set ex parte and sale of the E.P. Schedule property was ordered on 22.08.2016. On that day, one Toleti Srinivasa Rao of Juvvalapalem quoted a sum of Rs. 30,00,000/- as the bid amount.

  7. On 22.08.2016, the petitioner filed...

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