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1974 Supreme(AP) 182

A.V.KRISHNA RAO
Sarnapudi Appanna – Appellant
Versus
Rapanti Narsinga Rao – Respondent


A. V. KRISHNA RAO, J.

( 1 ) THIS Civil Miscellaneous Second Appeal arises out of execution proceedings in respect of a decree obtained more than 21 years ago. On 8-12-52 one Appala Naidu obtained a decree against one Raparthi Lakshmina-singarao for money. The present respondents are his legal representatives.

( 2 ) THE plaintiff (decree-holder) filed E. P. No. 44 of 1953 for sale and attachment of immovable properties of the judgment-debtor. Attachment and sale were ordered. On 24-3-1954 E. P. No. 44 of 1953 was dismissed, as the sale had to be stopped for want of bidders. In dismissing the application the executing court directed the attachment to continue for a period of six months. On 23-6-1954, the decree-holder filed again E. P. No. 162 of 1954, This E. P. also met with a similar fate. The sale had to be stopped for want of bidders and the E. P. was dismissed. Attachment was ordered to continue for six months. The decree in the meanwhile came to be transferred to the present appellant. He filed E. P. No. 379 of 1956. The property was again attached at the instance of the transferee decree-holder. On 3-12-1956 the transfer of the decree in favour of the appellant was recognised













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