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1973 Supreme(AP) 146

A.V.KRISHNA RAO
Official Receiver – Appellant
Versus
Veeranki Samudralu – Respondent


A. V. KRISHNA RAO, J.

( 1 ) THE petitioner herein, the Official Receiver Krishna, Machilipatnam, had filed an application E. A. No. 369 of 1970, in E. P. No. 696 of 1973 in O. S. No. 66 of 1963 on the file of the Sub-Court, Machilipatnam under Order 1, Rule 10, Civil Procedure Code to permit him to come on record and contest the execution proceedings. That application was dismissed and hence this revision petition by the Official Receiver.

( 2 ) THE petitioner was appointed as an Interim Receiver in I. P. No, 28 of 1966 on the file of the Sub-Court, Vijayawada, to administer the affairs of the debtors, pending adjudication on a creditors petition. The debtors, who are respondents 3 to 5 herein, filed an application under Order 21, Rule 90. Civil Procedure Code to set aside a sale held in execution of the decree in O. S. No. 66 of 1963. That application was still pending. The Interim Receiver, who is appointed in I. P. No. 28 of 1966, wanted to come on record and contest the proceedings. The property was sold in execution of the decree in O. S. No. 66 of 1963 on 21-4-1964. The application of the Receiver was opposed by the decree-holder and the purchaser.

( 3 ) THE short question in







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