Paleru Ramanjaneyulu v. Mamillapalli Singaiah
Execution – Sale in execution without prior attachment
Case brief
What is this about?
CRP No. 381 of 2025, Paleru Ramanjaneyulu (Judgment Debtor/Defendant) v. Mamillapalli Singaiah (Decree Holder/Plaintiff), High Court of Andhra Pradesh at Amaravati, decided 07-03-2025 by Tarlada Rajasekhar Rao, J. Keywords: sale in execution without attachment; Order XXI Rule 54; Order XXI Rule 64; Order XXI Rule 66; Section 51(b) CPC; Section 151 CPC stay; execution of money decree on promissory note; proclamation of sale; valuation certificate; judgment-debtor's admission of ownership; attachment not a prerequisite to sale; E.P. No. 34 of 2023 in O.S. No. 62 of 2018, Principal Civil Judge (Junior Division), Addanki; revision dismissed, no costs, interim applications closed.
What did the court decide?
Section 51(b) CPC enables the executing court, on the decree-holder's application, to order execution 'by attachment and sale or by sale without attachment of any property'; consequently, under Section 51(b) CPC the court can sell the property without attachment.