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1977 Supreme(SC) 212

P.N.BHAGWATI, S.MURTAZA FAZAL ALI
Takkaseela Pedda Subba Reddi – Appellant
Versus
Pujari Padmavathamma – Respondent


Advocates:
B.R.AGRAWAL, K.JAYRAMAN GOWDA, K.RAM KUMAR, P.RAM REDDY

Judgment

FAZAL ALI, J. - This appeal by certificate arises out of execution proceedings in respect of a decree obtained by the respondents/decree-holders. It appears that the 5th respondent/decree-holder Siddam Pedda Rami Reddi, hereinafter referred to as "SPR Reddi" - obtained a decree in O. S. No. 15 of 1949 from the Court of Sub-Judge kurnool against the judgment-debtor Pujari Subbarayudu - hereinafter referred to as "Pujari" or "judgment-debtor". The 5th respondent has also obtained another money decree against Pujari in another suit being O. S. No. 19 of 1953. The 5th respondent/decree-holder filed Execution proceedings No. 24 of 1953 in the trial Court for selling the properties belonging to the judgment-debtor in order to satisfy the decree in O. S. No. 15 of 1949 and he also applied for permission to bid at the auction sale. The first sale was held on October 12, 1954 at which the lands situated in villages Devanoor and Gudipadu were put to sale. But this sale was set aside as there was some delay in payment of the sale price. Consequently a second sale was held on March 2, 1955 at which the 5th respondent SPR Reddi purchased the lands situated in village Devanoor and the ap








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