K. S. SHRIVASTAV, J.

( 1 ) THIS civil miscellaneous second appeal arises out of the judgment passed by the Principal Senior Civil Judge, Tenali in AS No. 25 of 1997 confirming the order passed by the Principal District Munsif, Tenali in EA No. 80 of 1997 in EP 46 of 1997, dated 26-3-1997, whereby the application of the appellants under Order 21 Rule 58 of the Code of Civil Procedure has been dismissed.

( 2 ) IT is no longer in dispute before me that the first respondent had filed a suit in OS No. 255 of 1995 against the second respondent for money decree and the disputed property had been attached before Judgment on 4-8-1995. The first respondent had sent a notice to the appellants after the suit has been decreed intimating about the order of attachment as also of the passing of the money decree. Thereafter, the appellants had filed a suit on the file of the Additional Subordinate Judge, Tenali, in OS 100 of 1995 for specific performance of the contract dated 14-11-1994 against both the respondents and the suit is pending. The first respondent had filed an application for execution in EP 46 of 1996 and the property already attached had been put to sale. Thereafter, the appellants fi

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