GOPAL RAO EKBOTE, J.

( 1 ) THIS is a revision petition directed against an order of the Subordinate Judge, Tenali passed in I. A. No. 668 of 1965 in O. S. No. 55 of 1962. It arises in the following circumstances.

( 2 ) THE petitioner before me filed a suit against the respondent for recovery of an amount of over Rs. 9,000 on the foot of a promissory note. He filed an application under Order 38, Rule 5, C. P. C. and the property was conditionally attached under sub-rule (3) of Rule 5. After-wards under Order 38, Rule 6, the order of attachment was made final. I am told that the suit has since been decreed.

( 3 ) DURING the pendency of the attachment and the suit, the respondent filed an application, I. A. No. 1362 of 1964, seeking permission of the Court to release from the attachment the first item of the property comprising of 1 acre and 13 cents of wet land in order to pay other pressing debts. This petition was ordered on 4-1-1965 permitting a private sale of the property for the purpose of discharging the debts other than the one for which the present suit was filed.

( 4 ) THIS petition, I. A. No. 668 of 1965, out of which the present revision petition arises, was then filed wit

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