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2003 Supreme(AP) 1206

G.YETHIRAJULU
Harijana Bazarappa – Appellant
Versus
H. Chakarala Ranganna – Respondent


G. YETHIRAJULU, J.

( 1 ) THIS revision petition is filed against the order of the Senior Civil Judge, adoni in E. P. No. 20 of 2000 in O. S. No. 60 of 1995 dated 20-12-2001.

( 2 ) THE revision petitioner brought a house property and a landed property of the judgment debtor for sale through the above execution petition. The judgment debtor pleaded that they are the lands assigned to him by the Government, therefore, they cannot be brought to sale under Court auction. The Execution Court while going through the xerox copies of the assignment deeds observed that the judgment-debtor has not filed the original assignment orders to verify whether the land was assigned to him subject to the condition of non-alienability. The Court while further observing that those questions of fact have to be proved by evidence including the plea of the judgment- debtor that he is a small farmer and the debt stood discharged and regarding the correctness of the decree-holder s claim etc, posted the matter for enquiry on 2-1-2002. The revision petitioner being aggrieved by the order of the lower Court preferred this revision petition contending that the lower court ought not to have passed the said order a





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