Andhra Pradesh Court July 1959 Judgments

Velegalapudi Savitramma Vs. Kambhampati Satyanarayanamurthy

Court: Andhra Pradesh

Reported in: AIR1960AP81

Chandra Reddy, C. J.1. This Civil Revision Petition raises a question bearing on Order 47 Rule 1 of the Code of Civil Procedure, the question being whether the trial Court could review its judgment in regard to a part of a decree which was not appealed from.2. If is necessary to set out the facts on which the decision in this Civil Revision Petition is to be based. The respondent initialed a suit for possession of 2/5ths share in items 1 and 2 of B schedule annexed to the plaint as purchaser in an auction sale held by the Co-operative Credit Society of Avidi in execution of two awards obtained separately against defendants 1 and 2, who owned each a 1/5th sharp therein. The suit was contested on the defences that what was purchased by the respondent was only the vested remainder in the 2/5ths share in those items, the 6th defendant having a life-interest therein, and that the purchase of the 2nd defendant's share was void and did not pass any title to the plaintiff in that at the time o...