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1983 Supreme(AP) 367

V.RAMASWAMI
BADAM THRIPURASUNDARAMMA – Appellant
Versus
State OF A. P. REP. BY THE COLLECTOR, EAST GODAVARI, KAKINADA – Respondent


V. RAMASWAMI, J.

( 1 ) THE unsuccessful decree-holder is the petitioner. He obtained a decree against one N. Krishna Murthy for Rs. 1, 895/. In execution thereof, the house of the judgment-debtor was sold at an auction October 21, 1975 for a sum of Rs. 2,000/- which was deposited to the credit of the suit. The sale was confirmed on December 19, 1975. On the same day, an order was passed recording full satisfaction of the decree. In the meanwhile, by a letter dated January 6, 1976 received by the Court on January 8, 1976, the sales-tax Officer intimated to the Court that the judgment-debtor was due of a sum of Rs, 1, 730/- towards arrears of sales-tax and that in recognition of the priority of the State the said amount might be paid over to the Government. Subsequently, a regular application being E. A. No. 217/76 also has been filed by the State on February 26, 1976 for payment thereof. This fact of the intimation given by the Sales Tax Officer receiv ed by the Court on January 8, 1976 "was overlooked inadvertently" as held by the executing court. Therefore, on a petition for payment out, it was ordered on January 17, 1976. Subsequently on realising the mistake the Court has recalle



























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