( 1 ) THE revision is directed against the Order of the 1st Additional Subordinate judge, Kakinada, dated 24th January, 1981 rejecting the petitioner s claim for rateables under section 73, Civil Procedure Code.

( 2 ) THE following facts became material. The petitioner is the decree-holder in O. S. No. 517 of 1974 on the file of the District munsif s Court, Kakinada. The decree dated 31st July, 1974 is for money against the 2nd respondent amongst others who are legal representatives of Tota Veeranna who died pending that suit. The petitioner s execution petition E, P. No. 353 of 1979 was filed on 29th August, 1979 in the District muusif s Court, Kakinada, for attachment or moveables. During the pendency of that suit, a house property in Samalkot and certain lands in Venkatakrisbnarayapuram, were attached before judgment. The respondent obtained a preliminary decree for partition dated 30th september, 1972 and a final decree for partition dated 24th September, 1976 against the 1st respondent and others in O. S. No. 95 of 1971 on the file of the Subordinate Judge, kakinada. In execution of the decree for mesne profits, the 1st respondent brought certain house and lands to sale on 26t

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