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Guttikonda Venkataramaiah Vs. Godavarthy Venkateswarlu [13/10/14]

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[Civil Appeal No.9658 of 2014 arising out of Special Leave Petition (Civil) No.1627 of 2014]. In this appeal, the appellant - an auction purchaser, has challenged the validity of the judgment dated 13th December, 2013, delivered in Civil Revision Petition No.6528 of 2012 by the High Court of Judicature of Andhra Pradesh at Hyderabad. The appellant is an auction purchaser, whereas respondent no.1 is a principal debtor and respondent no.2 is a creditor in this case. The facts giving rise to the present litigation, in a nutshell, are as under: Respondent no.2 had filed OS No.45 of 2006 in the Court of Principal Senior Civil Judge, Tenali against respondent no.1 for recovery of Rs.1,78,000/-. An ex-parte decree was passed on 29th December, 2006 and the decretal amount was Rs.3,55,732/-. It appears from the record that no successful effort was made by respondent no.1 to challenge the said ex- parte decree.

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