L. NARASIMHA REDDY, J.

( 1 ). THIS is an appeal filed under sub-rule (4) of Rule 58 of Order 21 C. P. C. , by the claimant in execution proceedings, aggrieved by the rejection of the claim,

( 2 ). The 1st respondent filed O. S. No. 265 of 1987 in the Court of Principal Senior Civil judge, Narasaraopet, against respondents 2 to 9, for recovery of a sum of Rs. 2,26,000/- with interest. The suit was decreed ex parte on 16-03-1994. Since the decree was not satisfied even after it became final, he filed e. P. No. 22 of 1995. During the course of execution, he got attached an extent of about Ac. 2. 00 of land, together with certain structures thereon, belonging to the 7th respondent herein, through orders of the execution Court, dated 28-11-1997. At that stage, the appellant filed E. A. No. 215 of 1998, under Rule 58 of Order 21 C. P. C. , stating inter alia that the 7th respondent joined two other persons, by name, Chundi venugopal and P. Venkata Prasad, and brought into existence a firm through partnership deed, dated 01-04-1994 (Ex. A-3 ). It is also their case that about one year thereafter, the 7th respondent retired from partnership through deed of retirement dated 24-04-1995 (Ex. A-

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