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1967 Supreme(AP) 201

A.GOPAL RAO
Paidimarri Balasubba Chetty – Appellant
Versus
Jutur Reddiya – Respondent


A. GOPAL RAO, J.

( 1 ) THIS is an appeal against an order of the Additional District Judge, Cuddapah passed on 19-10-1964 whereby he adjudicated respondents 1 and 2 as insolvents and directed that the estate of the debtors will vest in the Official Receiver for purposes of administration and fixed the time for discharge as one year.

( 2 ) THE necessary fats are that the appellants before me filed O. S. No. 69 of 1961 in the Court of the District Munsif, Cuddapah to recover a sum of Rs. 1532-4-0 against respondents 1 and 2 herein. They attached certain property before judgment. The suit was decreed on 30-5-1961. The decree-holder filed E. P. 288 of 1961 on 12-6-1961. The attached house was brought to sale on 20-11-1961. the sale was confirmed on 2/05/1962. The sale proceeds were distributed rateably amongst the decree-holders in the above said suit as well as other decree-holders against the same respondents on 4-5-1962.

( 3 ) I. P. No. 9 of 1961 was filed by the respondents 1 and 2 on 29-6-1961 before the sub-ordinate Judges Court Nellore to adjudicate them insolvents. I. A. No, 698 of 1961 was filed therein seeking stay of the sale which was to be held on 20-11-1961 in the decree p










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