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2001 Supreme(AP) 18

D.S.R.VERMA
Pothuganti Venkateshwarulu – Appellant
Versus
Yangala Mallaiah – Respondent


D. S. R. VARMA, J.

( 1 ) THIS civil revision petition is filed against the order dated 17-11-2000 in E. P. No. 115 of 2000 in O. S. No. 24 of 2000 passed by the Senior Civil Judge, Miryalaguda ordering proclamation of sale of the schedule properties of the petitioners/judgment-debtors which were attached before judgment vide order dated 8-6-2000 in I. A. No. 256 of 2000 in O. S. No. 24 of 2000 for realization of the decretal amount of Rs. 2,37,962. 00.

( 2 ) IT is contended by the learned counsel for the petitioners that since the petitioners could not discharge their debts I. P. No. 11 of 2000 on the file of the Principal Senior Civil Judge, Rangareddi was filed and in the said insolvency petition the petitioners were also shown as parties and in spite of the said fact of filing the insolvency petition the respondent/decree-holder filed the present E. P. No. 115 of 2000 and obtained an attachment order in respect of some of the properties mentioned in B schedule. It is further submitted that the insolvency petition was filed even before the impugned order by the Court below was passed. Therefore, it is contended that the respondent/decree-holder with the knowledge that I. P. No. 11







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