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1978 Supreme(AP) 329

T.NARSINGA RAO
NANDIPATI TATI REDDY – Appellant
Versus
SYED MEERA HYMAINE – Respondent


T. NARASINGA RAO, J.

( 1 ) THIS revision petition by the decree-holder is directed against the order of the District Munsif, Gudivada, whereby he overruled the two objections raised by the decree-holder with regard to the maintainability of a claim petition and the nature of enquiry to be conducted into the said claim.

( 2 ) THE revision petitioner obtained a decree in O. S. No. 110/1969 against the 2nd respondent and in execution of the decree, the immovable properties of the judgment-debtor were attached in the month of February, 1976. 18th july, 1977 was the date notified for sale of the properties. The 1st respondent herein filed a claim petition on the said date objecting to the attachment. He also filed a petition for postponement of the sale, but it was dismissed by the learned District Munsif and the sale was conducted as scheduled. Notice of the claim petition was ordered to the decree-holder and the judgment-debtor. The 3rd respondent is the auction-purchaser.

( 3 ) THE decree-holder opposed the claim petition. When the claim petition came up for enquiry and the claimant sought to lead oral evidence, two objections were raised that as per the provisions of Or. 21, Rule 58















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