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1990 Supreme(AP) 30

G.RADHA KRISHNA RAO, K.A.SWAMI
Kolluru Kantha Rao – Appellant
Versus
Tammana Narayana Murthy – Respondent


AMARESWARI, J.

( 1 ) THIS Civil Revision Petition raises an interesting question of law.

( 2 ) THE Judgment-debtor is the petitioner. The 1st respondent obtained a money decree in O. S. No. 133 of 1974 on 28-8-1974 against the petitioner. During the execution proceedings in E. P. No. 40 of 1975, the judgment-debtor made some payments. Substantial amount of the decree stood undischarged. The properties of the judgment-debtor-petitioner were brought to sale and respondent No. 2 purchased the same for Rs. 14,000/- subject to a mortgage of Rs. 10,000/- with interest at Rs. 1-10 Ps. per month the judgment-debtor filed E. A. No. 637 of 1977 under Order 21 Rule 90 civil Procedure Code for setting aside the sale and the same was dismissed on 29-10-1983 holding the sale as valid. The matter was carried in appeal in c. M. A. No 72 of 1983 which was also dismissed. A further revision in c. R. P. No. 240 of 1985 to the High Court under Section 15 Civil Procedure code met the same fate on 6-3-1985.

( 3 ) THEN there is a second round of litigation. The sans of the judgment-debtor filed O S No. 28 of 1981 in the Court of the Subordinate judge, Machilipatnam for partition, as indigent persons. Tae











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