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1989 Supreme(AP) 221

K.RAMASWAMY
Alla Venkatassamy – Appellant
Versus
Alla Bull Raju (died) – Respondent


K. RAMA SWAMY, J.

( 1 ) PETITIONERS are the judgment debtors. One Alla Appayyamma preecessor-in-interest of the respondents laid the suit O S 308/72 on the file of the court of the 7th Addl. Munsif Magistrate, visakshapatnam for declaration of title and perpetual injunction, Initially the trial Court dismissed the suit. On appeal in A S No. 101/75 the District Court by decree and judgment dated July 8, 1977 decreed the suit declaring Appayyamma as owner of the property and issued permanent injunction restraining the defendants from interfering with her possession. She laid E P. 30/78 under Order 21 rule 32 cpc for attachment of the properties and for imprisonment of the petitioners on the ground that since they had to obey the injunction but yet with impunity they obstructed her getting the lands ploughed and thereby the petitioners have disobeyed the order of injunction. The executing court after recording evidence and consideration thereof order dated October 9, 1980 held that it is no longer open to the petitioners to contend that Appayamma is not entitled to the scheduled-mentioned properties and that they are in possession and enjoyment. It is also held that the petitioners hav







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