P. L. NARASIMHA SHARMA, J.

( 1 ) THIS revision is filed against the order of the learned I Additional district Munsiff, Vijayawada, in E. P. No 145 of 1987 dated 12th July, 1989. whereby the execution petition filed by the bank-decree-holder for attaching the properties of the Judgment-debtor and to,issue arrest notice was allowed.

( 2 ) THE first judgment-debtor is the petitioner in this revision. The bank-decree-holder filed O. S. No. 2711 of 1973 for foreclosure of the mortgage created in its favour by the defendants by deposit of title deeds. In the mortgage suit, a preliminary decree was passed on 27th July, 1974, under the provisions of Order XXXIV CPC. Subsequently, the decree-holder-bank filed I. A. No. 1037 of 1981 to condone the delay in filing the application for passing of the final decree. The same was dismissed by the court and it has become final. The fact remains that no final decree is passed in the mortgage suit in favour of the decree-holder according to the provisions of order XXXIV CPC.

( 3 ) LATER, E. P. No. 145 of 1987 was tiled fore xecuting the preliminary decree dt, 27-7-1974 by attaching the moveable properties of the judgment debtor and also for the arres

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