JAGANNADHA RAO, J.

( 1 ) THE appeal is directed against the order of the learned subordinate judge, Gudar in E. A. No. 107/ 80 in E. P. No. 2/79 in o. s. No. 64/67.

( 2 ) THE appellant filed an application in the Court below under O. 21 R. 58 C. P. C and the same having been rejected by the lower Court this appeal has been preferred under the amended provisions of the civil P. C. Which provided for an appeal instead of a suit.

( 3 ) THE first respondent in the appeal is the judgment-debtor while the 2nd respondent is the decree-holder. There was a compromise decree on 12-3-1968 for a sum of Rs. 1,00,000. 00 (one lakh) with interest thereon at 12% P. A. and subject to certain other terms and conditions the Judgment -debtor paid some amoutn towards the decree but on the date when the E. P. No. 2/79 was filed still a sum of Rs. 68,724. 89 was outstanding.

( 4 ) THE 2nd respondent-decree-holder filed E. P. No. 2/79 for realisation of the above sum and obtained an order of attachment of certain lands belonging to the judgment debtor in three villages. The attachment was effected on 15-3-1980 in one village and on 19-3-80 in two others villages of which utukuru is one. In this appeal we

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