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1970 Supreme(AP) 36

ALLADI KUPPUSWAMI
Cherukuri Venkateswarlu – Appellant
Versus
Official Receiver, guntur – Respondent


ALLADI KUPPUSWAMI, J.

( 1 ) 1. The petitioner is the decree-holder in O,s. 77/60 Sub-Court, bapatla wherein be obtained a decree for money against respondents 2 and 3 herein, In E. P, 31/68 he applied for execution of the decree by attachment and sale of their properties. The sale was ordered and was about to be held on 24-6-68. In the meanwhile a petition I. P. 7/68 was filed by a creditor, Munnangi Adireddi to declare the respondents as insolvents. In that petition an interim receiver was appointed on 28-3-1968 in I. A. 566/68. He filed a petition, E. A: 431/68 dt. 20-6-68 stating that if the sale was held jn the executing court all other creditors of the insolvent would suffer huge loss and therefore in the interests of the general body of creditors as well as insolvents the sale should not be held by courti he therefore, requested that the Court may be pleased to stay the sale to be held on 24-6-68. This application was dismissed by tie learned Subordinate Judge. The Official Receiver filed C. M. A. 4/58 to the district Court, Guntur. Before the appeal came up for hearing, the application for a stay having been dismissed by the executing court, the properties were brought to sal






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