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1986 Supreme(AP) 385

RAMA RAO
K. S. Hussain Peeran – Appellant
Versus
K. V. Ramana Reddy – Respondent


RAMA RAO, J.

( 1 ) THIS revision petition is against the order declining to entertain the application under O. 21, R. 2, C. P. C. for recording satisfaction of the decree.

( 2 ) THE petitioner filed an application stating that the properties belonging to him are brought to sale in execution of the decree and the claim petition filed by him was dismissed for default. Subsequently pursuant to the panchayat he paid a sum of Rs. 5,500/- in full settlement of the decretal amount and obtained a receipt from the respondent-decree-holder. The decree-holder denied the allegations about the panchayat and also the payment of the decretal amount. When the petition has come up for hearing, the decree holder took a preliminary objection about the maintainability of the application under O. 21, R. 2, C. P. C. at the instance of the third party. The preliminary objection is upheld by the Court below.

( 3 ) THE learned counsel for the petitioner contends that O. 21, R. 2, C. P. C. does not preclude the party from claiming that the decree has been satisfied. The learned counsel for the respondent contends that O. 21, R. 2, C. P. C. enables the judgment-debtor or a surety only to file a petition and o




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