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1996 Supreme(AP) 788

K.S.SHRIVASTAVA
Kondre Munemma – Appellant
Versus
Jarugumallu Veerabhadraiah – Respondent


K. S. SHRIVASTAV, J.

( 1 ) THE decree holder is the Revisionist. The petitioner s husband obtained a money decree against the respondent in O. S. No. 291/1976. During the pendency of the suit, the immovable properties of the respondent-judgment debtor were attached under Order 38 Rule 5 of the Code of Civil Procedure. The deceased-decree holder filed OEP 19/1983 for recovery of the decretal amount of Rs. 5,393-95 ps. by selling the already attached immovable properties, that is, the agricultural lands of the respondent-judgment debtor to the extent of ac. 5-86 Cts. of dry land out of the attached immovable properties. The respondent-judgment debtor remained absent after service of notice of execution and was set ex parte on 29-11-1983. During the pendency of the execution proceedings, the petitioner s husband died and she was substituted in place of her husband, that is, the deceased-decree holder. The respondent filed an application EA 54/1985 on 28-3-1985 for setting aside the ex parte order dated 29-11-1983. During the pendency of the execution application, a sale notice was allegedly issued which was served on the wife of the respondent on 15-12-1984. Thereafter, the Item No. 1,






















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