Dismissed¶87

Paleru Ramanjaneyulu v. Mamillapalli Singaiah

Andhra Pradesh HC6 Mar 2025CRP/379/2025

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; Civil Revision Petition No. 379 of 2025; Justice Tarlada Rajasekhar Rao; decided 07/03/2025. Execution sale without attachment; Section 51(b) CPC; Order XXI Rules 54, 64 and 66 CPC; Section 151 CPC; Code of Civil Procedure (Amendment) Act, 1976. Money decree on promissory note in O.S. No. 71 of 2018 (Junior Civil Judge Court, Addanki); E.P. No. 35 of 2023 for public auction of judgment debtor's property; judgment debtor's admission of ownership recorded; revision held to be a delay tactic and dismissed without costs.

What did the court decide?

Under Section 51(b) CPC the executing court can order sale of the property without attachment. ¶66

Paleru Ramanjaneyulu Vs Mamillapalli Singaiah — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether, in execution of a money decree, the judgment debtor's property can be ordered to be sold by public auction under Order XXI Rule 64 CPC without the property having first been attached under Order XXI Rule 54 CPC.

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Court's answer

Under Section 51(b) CPC the executing court can order sale of the property without attachment.

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Ratio / Principle

Attachment is a process in execution but does not itself constitute execution; it operates only as a valid prohibition against alienation of the attached property, and mere non-attachment of the property causes no substantial injury to the judgment debtor.

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Key takeaways

The statutory section embodies substantive law while the rules made thereunder are procedural, regulating the manner in which substantive rights can be enforced by judicial action.ratio¶66
On the admission of the revision petitioner (judgment debtor), the execution court made a categorical finding that he is the owner of the scheduled property, rejecting his false defence of lack of title.ratio¶67
The present revision was filed mischievously to delay the execution proceedings; it lacks merit and accordingly stands dismissed.

Detailed headnote1 paragraphs

Civil Revision Petition by the judgment debtor assailing the order dated 15.11.2024 in E.P. No. 35 of 2023 (filed under Order XXI Rules 64 and 66 CPC) whereby the execution court allowed sale of his property in public auction without attachment under Order XXI Rule 54 CPC. Held, dismissing the revision: under Section 51(b) CPC the court may order execution 'by attachment and sale or by sale without attachment of any property'; attachment is a process in execution but not execution itself, operating only as a valid prohibition against alienation, so mere non-attachment causes no substantial injury to the judgment debtor; sections are substantive law and the rules procedural; on the judgment debtor's own admission the execution court categorically found him to be the owner of the scheduled property; the revision, filed mischievously to delay the proceedings, lacks merit and stands dismissed, with no order as to costs.

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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honourable SRI JUSTICE TARLADA RAJASEKHAR RAO

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CLVIL REVISION PFTiT|r>^j 379 OF 209fi

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stated in?" --'=™stances .he Dv„ Rev,s,on Petition by setting aside the order dated 15/11/2024 in Judqe U ■ Principal Civil Jndge^(Jun,or D,vision), Addanki, and consequently^{allowtheE.P.No.35}

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Between:

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Paleru Ramanjaneyulu, S/o. Veeraswamy Aged about 58 years, Occ. Business, R/o. Panchayat Centre, Pamidipadu Village, Korisapadu Mandal, Addanki DMC, Bapatia District.

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...Petitioner/Judgment Debtor/Defendant

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AND

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Mamillapalli Singaiah, S/o. Narayana, Aged about 52 years, Occ. Agriculture, R/o. Pamidipadu village, Korisapadu Mandat Addanki DMC, Bapatia District.

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lA NO: 1 OF 909^

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■•Respondent/Decree Holder/Plaintiff

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Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed m support of the petition, the High Court may be

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pleased to stay of all further proceedings in E.P. No. 35 of 2023 in O.S. No. 71 of 2018 on the file of the Principal Civil Judge(Junior Division), Addanki, pending the Civil Revision Petition.

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^ ^unsel for the Petitioner: SRI KOTI REDDY IDAMAKANTI

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Counsel for the Respondent: SRI INAKOLLU VENKATESWARLU

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The Court made the following ORDER:

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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CIVIL REVISION PETITION No.379 of 2025

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ORDER:

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The respondent herein who is plaintiff filed suit against^the revision petitioner who is defendant in suit O.S. No;^71of2018on the file of the Junior Civil Judge Court Addanki for^recoveryof money basing on the promissory note and the suit was^decreed vide judgment and decree dated 30.08.2018. The respondent who is the decree holder herein filed E.P. No. 35 of^2023under Order 21 Rule 66 and 64 CPC for sale of the property in public auction in execution of the decree and the said execution petition was allowed vide order dated 15.11.2024 and execution court directed the respondent herein to produce the valuation certificate.

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Assailing the order dated 15.11.2024 in E.P. No: 35^of2023 the present Civil Revision Petition is filed on the^groundthat under Order 21 Rule 64 without attaching the property that property cannot be liable to be sold by public auction^inexecution of a decree, hence prayed to allow the Civil Revision^Petitionby getting aside the order dated 15.11.2024 in E.P. No.35^of2023.

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The counsel for the petitioner referring the below said rules would submit that as envisaged under rule^54ofOrder 21 that an immovable property shall be attached by^anorderof the court to be sold by public auction in execution of a decree but in the present case the property belong to the petitioner was not attached hence the impugned order is liable to^besetaside.

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It would be apposite to refer to some of the provisions^of the CPC which provides a procedure for executing a^decreeand have been relied upon by the learned counsel for the Petitioner^/ Judgment Debtor and the same is extracted here under to answer the issue raised by the counsel for the petitioner:

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Under Rule 64 of Order XXI : Power to order property attached to be sold and proceeds to be paid to person^entitled ;

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Any Court executing a decree may order that any property attached by it and liable to sale, or such portion^thereofas may see necessary to satisfy the decree, shall be sold,^and that the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under^thedecree to receive the same.

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Under Rule 66 of Order XXI : Proclamation of sales^by

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public auction. -

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(1) Where any property is ordered to be sold by public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be made in the language of such Court.

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(2) Such proclamation shall be draw up after notice^tothe decree-holder and the judgment-debtor and shall state the time and place of sale, and specify as fairly and accurately as possible-

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(a) the property to be sold [or, where a part of the property would be sufficient to satisfy the decree,^such pari] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 12, (w.e.f 1.2.1977).]] (b) the revenue assessed upon the estate, where the property to be sold is an interest in an estate or^inpart of an estate paying revenue to the Government;

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(d) the amount for the recovery of which the sale is ordered; and

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(e)the value of the property as stated (i) by the decree-holder, and (ii) by the judgment-debtor; [Provided that where notice of the date for settling^the terms of the proclamation has been given to the judgment-debtor by means of an order under rule 54, it

shall not be necessary to give notice under this rule^to the judgment-debtor unless the Court otherwise directs:

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Provided further that nothing in this rule shall be construed as requiring the Court to enter in the proclamation of sale its own estimate of the value^of the property, but the proclamation shall include the estimate if any, given, by either or both of the parties.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, (w.e.f. 1.2.1977).] (3) Every application for an order for sale under this^rule shall be accompanied by a statement signed and verified in the manner hereinbefore prescribed for^the signing and verification of pleadings and containing,^so far as they are known to or can be ascertained by the person making the verification, the matters required by sub-rule (2) to be specified in the proclamation.

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(4) For the purpose of ascertaining the matters to^be specified in the proclamation, the Court may summon any person whom it thinks necessary to summon and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.

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Rule 54 of Order XXI : reads thus;

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"54. Attachment of immovable properly-

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(1) Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor^from transferring or charging the property in any way, and all benefit from such transfer or

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persons from taking any charge.

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(1A) The order shall also require the judgment-debtor to

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attend Court on a specified date to take notice of^thedate of

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to be fixed for settling the terms of the proclamation sale."

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Court refers the following provision:

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Section 51; Powers of Court to enforce execution;-

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Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the^decree- holder, order execution of the decree-

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(a) by delivery of any property specifically decreed,

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(b) by attachment and sale or by sale without attachment of any property;

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(d) by appointing a receiver; or the nature of the relief

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(e) in such other manner as granted may require.

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Attachment is a process in execution but does not itself constitute execution. A bare perusal of the section 51 (b) of CPC that provides that the Court on the application of the decreeholder, order execution for enforce of the decree - by attachment and sale or by sale without attachment of any property. That an attachment only operates as a valid prohibition against alienation of the attached property mere non-attachment of the property that it would not cause any substantial injury to the revision petitioner. Section is substantive law, rules made are procedural, because it regulates the manner in which substantive rights can be enforced by judicial action. Under section 51(b) of CPC the court can sale the property without attachment.

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The revision petitioner in the execution proceedings argued that he does not have a right of title to the property included in the execution schedule. On the admission of the revision petitioner, who is the judgment debtor, the execution court made a categorical finding that the petitioner is the owner of the property, despite the petitioner/J.Dr.'s false defence taken by the petitioner.

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In view of the above discussion, this Court comes to the _ irresistible conclusion that the present revision is filed

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mischievously to delay the proceedings and under Section^51(b) sal6 th© property without attachment, the of CPC, the Court can revision petition is lacks merit and accordingly stands dismissed.

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There shall be no order as to costs,

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in As a sequel, interlocutory applications, if any pending

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this Civil Revision Petition shall stand closed.

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Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER