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1998 Supreme(AP) 194

S.S.HUSSAINI
JAGATI THIMMARAJU – Appellant
Versus
UPPULURI BRAHMANNA – Respondent


S. S. HUSSAINI, J.

( 1 ) HEARD both the Counsel.

( 2 ) THIS C. R. P. arises on the execution side on petitioner filing E. A. No. 467/90 before the executing Court. It is stated that the petitioner has suffered an ex parte decree in a sum of Rs. 7,877-20 ps. on the file of the I additional District Munsif Court, Kovvur, dated 29-3-1979. On 15-10-1985, the respondent-decree holder filed E. P. 372/85 for sale of the Judgment- debtor s property for recovery of a sum of Rs. 11,878. 15 ps. , decretal amount plus other charges. On 16-10-1985, Ac. 2. 15 cents of agricultural land owned by the petitioner was attached at Purushottampalli Village, D. Muppavaram mandal. The petitioner-judgment-debtor was served with the notice of attachment on 16-2-1986. Later the petitioner s Advocate filed Vakalat, but no counter was filed. On 11-7-1986 sale papers and encumbrance certificate were filed, and on 17-7-1986 sale papers and encumbrance certificates were checked. Court ordered notice to the petitioner-judgment-debtor and when notice to the petitioner was returned unserved, the executing Court on 11-9-1986 directed fresh notice through Court and registered post with acknowledgement due. On 25-2-198














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