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1962 Supreme(AP) 51

NARASIMHAM, P.CHANDRA REDDY, N.KUMARAYYA
Pingle Venkata Rama Reddy – Appellant
Versus
Kakarla Buchanna – Respondent


CHANDRA REDDY, C. J.

( 1 ) THIS appeal has been referred to a Full Bench by our learned brothers Manohar Pershad and Kumarajju JJ. as they thought that it involves important questions of law which will be adverted to presently.

( 2 ) THE facts and the circumstances leading upto the litigation may be briefly related. The appellant obtained a decree against the respondents on the 2 8/12/1931. He levied execution of his decree on the 31st of October 1932 seeking to attach all the move-able and immoveable properties of the judgment-debtor and part satisfaction was recorded. Subsequently, a number of execution petitions were filed with prayers either for attachment of the properties of the judgment-debtors or for his arrest. It is not necessary to make a detailed reference to them except to the one which preceded the execution petition in question and that is the one dated 25-8-1951. In this petition, the decree-holder prayed for attachment of the properties of the judgment-debtors. It must be noted here that by this time more than 12 years had lapsed from the date of the decree. Notwithstanding this, the judgment-debtors did not raise any objection that it was barred under Section 48 C



































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