Buridi Srinivas v. Srikakulam Municipal Corporation
2022-08-29
B.S.BHANUMATHI
body2022
DigiLaw.ai
ORDER: 1. This revision petition is filed under Article 227 of the Constitution of India, is filed by the petitioner/claimant against the orders dated 24.03.2021 in E.P.No.52 of 2008 in O.S.No.3 of 2000 on the file of the Court of Principal District Judge, Srikakulam. 2. Heard the learned counsel for the petitioner and Sri M.Santosh Reddy, representing the learned counsel for respondent/municipality. 3. The main grievance of the revision petitioner is that he filed an application under Order XXI Rule 58 CPC in E.P.No.52 of 2008, but the execution Court is proceeding further with the sale of the property without disposing of the claim petition filed by him. On 24.03.2021, as per the docket proceedings of the execution Court, it is seen that the office made an endorsement that E.A. is pending. However, the Court recorded that ‘counsel for DHr is present and no representation for JDr’ and ordered fresh proclamation for sale by 26.04.2021 and posted the matter for further hearing on 03.05.2021, apart from ordering publication in Eenadu telugu daily news paper. 4. The learned counsel for the respondent/DHr contends that the property is different. 5. It is not the stage to go into the merits of the claim made in the claim petition by the revision petitioner. The only grievance of the revision petitioner is that while claim petition is pending, the execution Court is going ahead with the sale of the property without deciding the claim petition. It is astonishing that the execution Court is proceeding with the execution inspite of pendency of claim petition vide E.A.No.77 of 2021 filed under Order XXI Rule 58 CPC, though it is expressly stated in Order 21, Rule 58(1) CPC that where any claim is preferred etc, the Court shall proceed to adjudicate upon the claim or objection. Therefore, the execution Court is directed to dispose of E.A.No.77 of 2021 before proceeding any further for sale of the property. 6. Accordingly, the revision petition is allowed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed.