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1998 Supreme(AP) 819

B.S.A.SWAMY
Vaddi Govinda Rajulu (Died) by LRs. – Appellant
Versus
Kaspa Venkata Ramanamurthy – Respondent


B. S. A. SWAMY, J.

( 1 ) THE petitioner herein is the judgment debtor in EP No. 70 of 1995 on the file of the Principal District Munsif, Srikakulam. This Civil Revision Petition is filed against the order of the Principal District Munsif in EA No. 445 of 1996, dated 28-3-1997.

( 2 ) IN this Civil. Revision Petition the issue that has come up for consideration is the consequences that wilt flow from the purchase of an undivided share of one of the decree holders by the judgment debtor.

( 3 ) THE facts of this care are extracted in extenso in Second Appeal No. 468 of 1994. In brief, it is suffice to state that the suit filed by the respondents herein for delivery of vacant possession of the site and recovery of arrears of rents \vas decreed by the trial Court and the same was confirmed by the appellate Court. Though the second appeal preferred by the petitioner herein was admitted but the interim stay granted on 6-10-1994 was vacated on 25-8-1995. In the meantime, the respondents filed EP No. 70 of 1995 and the executing Court ordered delivery of vacant possession of the site. At that stage, the petitioner filed EA No. 445 of 1996 under Order I Rule 10 and Order XXI Rule 16 CPC by con






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