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1959 Supreme(AP) 229

MOHAMMED AHMED ANSARI, P.CHANDRA REDDY, A.V.KRISHNA RAO
Rajah Kishore Devigaru – Appellant
Versus
Bhaskara Gouta Chorani – Respondent


RAO, J.

( 1 ) ). These are respectively two petitions for leave to appeal to the Supreme Court against the common judgment and separate decrees of this Court in Appeals Nos. 98 and 99 of 1953 and a third petition for the consolidation of these two petitions. They raise a question regarding the applicability of Section 110, Civil Procedure Code and of Article 133of the Constitution of India. As there is a conflict of judicial opinion on this question, the matter has been referred to a Full Bench. 2. The material facts may be briefly stated. The petitioner, Kishori Devi, is the transferee of a money decree for a little over Rs. 10,000 passed against one Lakshminarayana Raju in Order Section No. 9 of 1948 on the file of the Court of the Subordinate Judge, Srikakulam. In execution of the decree, she attached a number of immoveable properties in December, 1950 as belonging to the judgment-debtor. The respondents filed two applications for releasing the respective properties mentioned in them from the attachment. They claimed to be the owners of the properties, basing their title on a settlement deed (Ex. A. 18) executed by the judgment-debtor in 1948. As these applications were dismisse

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