Sec.64 CPC – when the sale took place when there was no subsistence of attachment before judgment of the EP schedule property and therefore the sale cannot be deemed void.

This suit was initially instituted in forma pauperis by the first respondent in POP No.2 of 2005 on the file of vacation Court and a petition under Order-XXXVIII, Rule-5 CPC was filed therein in I.A.No.3 of 2005 seeking attachment of the above property before judgment, wherein an interim conditional attachment was ordered. The property was, in fact, attached by the field assistant of the Court on 08.05.2005. Later the said POP was renumbered as POP No.148 of 2005 on the file of learned Principal District Judge, Chittoor,whereas I.A.No.3 of 2005 was renumbered as I.A.No.174 of 2005.By order dated 05.08.2008, POP No.148 of 2005 was dismissed and the first respondent, who was the petitioner therein, was granted time till 25.08.2008 for payment of court fee. Then, the matter was posted to 25.08.2008 to comply with the above direction. Court fee was not deposited, as directed as per the above order. However, in the year 2012, this POP was renumbered and registered, obviously, upon depositing necessary court fee. An ex parte decree was passed in the suit thereupon, since the respondents 2 and 3 did not choose to contest, on 30.04.2013.I.A.No. 174 of 2005 referred to above was not closed with the termination of the proceedings in POP No.148 of 2005 on 25.08.2008 and it was being called thereafter till 29.08.2008 from which date it was posted to 20.10.2008. Later on, it was not called on the bench nor any further date of posting was given therein in the trial Court.

The appellant is the daughter-in-law of third respondent. Smt.Vani is the daughter of the third respondent. On 14.10.2009 a gift deed was executed by the third respondent in favour of Smt.Vani, giving away the E.P.schedule property. Thereafter, the appellant had purchased this property for Rs.5,15,000/-(Rupees five lakhs and fifteen thousand only) under registered sale deed dated 19.04.2016 from Smt.Vani and has claimed to be in possession of the same.