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2004 Supreme(AP) 253

G.YETHIRAJULU
Adinarayana – Appellant
Versus
S. Gafoor Sab – Respondent


K. RAMASWAMY, J.

( 1 ) THIS revision petition is filed against the order of the Principal Junior Civil Judge, ananthapur in E. P. 99/95 in O. S. No. 46/92.

( 2 ) THE revision petitioner is the decree- holder in O. S. No. 46 of 1992. He filed e. P. No. 99 of 1995 for realization of the decretal amount through attachment and sale of the schedule property. At the time of filing the suit, the decree-holder filed I. A. No. 194 of 1992 and attachment before judgment was ordered on 5-3-1992 under order 38, Rule 5 CPC. Subsequent to the decree, he filed E. P. 99 of 1995 in O. S. No. 46 of 1992 for attachment and sale of the schedule property. The judgment debtors (J. Drs.) resisted the execution petition contending that the schedule house was conveyed in favour of Tarimala Nabi sab by way of a registered sale deed by the principal Senior Civil Judge, Ananthapur as per the orders in E. P. 119 of 1992 in O. S. No. 56 of 1992 dated 7-8-1993 and possession was also delivered on same day. The purchaser, Sri Tarimala Nabi Sab was inducted into possession of the schedule house prior to the date of attachment. Since the J. Drs. are no more owners of the property, the E. P. cannot be maintained, th





























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