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2001 Supreme(AP) 380

S.B.SINHA
D. Satyanarayana Rao – Appellant
Versus
Vasudev Asrani – Respondent


S. B. SINHA, J.

( 1 ) THIS revision is directed against an order dated 22-2-1988 passed in E. P. No. 25 of 1987 whereby and whereunder the learned trial judge has held that the decree passed in favour of the petitioner was not an executable one.

( 2 ) THE petitioner herein filed a suit O. S. No. 3863 of 1980 before the XI Assistant judge, City Civil Court, Secunderabad, for recovery of possession and mesne profits against the respondent-judgment-debtor and, on 24-10-1983, the same was decreed in favour of the petitioner herein. Thereafter, an application purported to be under order XXI Rule 35 of the Code of Civil procedure was filed for delivery of possession of immovable property and for a sum of Rs. 1,028. 00 against the judgment-debtor No. 1 and the schedule of property mentioned in the application. An objection was, however, raised by the judgment-debtor that the Execution Petition was not maintainable. The learned executing Court concurred with the said contention of the judgment-debtor and in support thereof relied upon a decision of the Apex Court in motor General Traders vs. State of A. P.

( 3 ) MR. Ranganadham, the learned counsel appearing on behalf of the petitioner subm








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