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1992 Supreme(AP) 519

A.VENKATARAMI REDDY, V.NEELADRI RAO
Lanka Suryaprakash Rao – Appellant
Versus
Gadigatla Venkaramanna Chowdary – Respondent


V. NEELADRI RAO J.

( 1 ) THIS Civil Revision Petition was posted before the Bench in view of the reference made by Sri G. Rama-nujulu Naidu, J. 1 A. The facts which have given rise to this Civil Revision Petition are as under: The 2nd respondent herein filed O. S. No. 57/83, Sub-Court, Tanuku, a suit for partition as against his father, who is R-1 herein. That suit ended in a compromise. A decree for Rs. 3,513. 00towards decree costs was passed in favour of R-1 herein as against R-2 in the said suit. R-1 herein filed E. P. No. 54/85 on 9-10-85 for execution of the said decree. He prayed for attachment of the immoveable properties and for sale of the same. The attachment was effected on 11-10-1985. R-2 herein raised some objections in the said execution petition. But he deposited the decretal amount of Rs. 3,513. 00 on 16-10-85 without prejudice to his contentions. On 28-10-85 R-l herein filed E. A. No. 282/85 praying for issual of a cheque for the said amount. On 9-12-1985 the learned Subordinate Judge passed the following order in the said E. A. No. 282/85: "no further arguments advanced. The matters that took place before the decree can be probed at appropriate time. Now since th












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