This Hindu Undivided Family case dismissed an appeal regarding the validity of sale under the Transfer of Property Act. The appellant contended that the sale was invalid due to procedural irregularities in the publication of auction notices and the conduct of enquiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CIVIL REVISOIN PETITION No.871 of 2011
ORDER :
Present Civil Revision Petition under Article 227 of Constitution of India has been filed by the petitioner-defendant challenging the docket order dated 24.02.2011 passed in E.A.No.926 of 2010 in E.P.No.231 of 2008 in O.S.No.28 of 2004 by the Junior Civil Judge, Gajuwaka.
Heard.
Originally, respondent herein filed O.S.No.28 of 2004 against the petitioner and another and the same was decreed by the Principal Junior Civil Judge, Bobbili, vide judgment dated 19.04.2004 and later on the same was transmitted to Junior Civil Judge’s Court, Gajuwaka, for execution. In realization of the decretal amount, respondent herein filed E.P.No.231 of 2008 to issue a warrant of arrest against petitioner herein and also to commit him to civil prison. In said E.P. proceedings, petitioner herein filed the impugned application seeking to grant leave for filing certain documents to show that he is living outside the territorial jurisdiction of the Junior Civil Judge’s Court, Bobbili, in order to rebut the E.P. proceedings. Against the dismissal of the said application, petitioner preferred the present revision.
Considering the facts and circumstances of the case and also having heard the rival contentions, the present Civil Revision Petition is disposed of directing the Executing Court to receive the documents filed by the petitioner herein and to conduct an enquiry as to whether the petitioner is a resident of Gajuwaka or Visakhapatnam and on completion of such enquiry only, the Executing Court shall proceed with the execution proceedings.
There shall be no order as to costs.
Miscellaneous petitions filed in this revision, if any, shall stand
closed.
________________________ JUSTICE RAJA ELANGO Dated 5th June, 2012 sur
2 issues framed by the court
Whether the executing court ought to have received documents establishing the petitioner's residence outside its territorial jurisdiction.
Whether the petitioner is a resident of Gajuwaka or Visakhapatnam.
1 provisions across 1 enactments
Petitioner-Defendant
Respondent
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
