RAMACHANDRA RAO, J.

( 1 ) THIS Letters Patent appeal is preferred against the judgment of Justice S. H. Sheth dismissing the Civil Miscellaneous Appeal and confirming the order of the trial Court dismissing the Execution Petition filed by the appellants.

( 2 ) THE relevant facts are as follows:- The respondent executed a promissory note in favour of one P. Ramachandra Reddy , the father of the appellants 1 and 2, and the husband of the appellants 3 and 4. On the foot of the said note, the appellants obtained a decree in O. S. No. 89/58 on the file of the Court of the II Addl. Judge, City Civil Court, Hyderabad and obtained a money decree of Rs. 12,000. 00 and odd against the respondent on 10-9-1959. The appellants/decree -holders filed an execution petition E. P. No. 35/71 on 5-8-1971 for execution of the decree by attachment and sale of the judgment- debtors properties. On the same date, notice was ordered in the said execution petition to the judgment- debtor under O. 21 , R. 22, C. P. C. returnable by 5-10-1971. The endorsement shows that the notice was served by affixture on 10-9-1971. The judgment- debtor did not appear on 5-10-1971. The trial Court ordered attachment and the

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