M. SESHACHALAPATI, J.

( 1 ) THIS is a Civil Revision Petition under Section 25 of the Provincial Small Cause Courts Act against the decision of the learned District Munsif of Repalle in S. C. S. No. 253 of 1954. The suit was instituted by the first respondent for the recovery of a sum of Rs. 356-3-6 being the amount deposited in S. C. No. 273 of 1949 by the plaintiff under the following circumstances:

( 2 ) THE plaintiff, 1st: respondent in the revision petition, instituted a suit against the 2nd respondent S. C. 273 of 1949. on the file of the District! Munsif Court Repalle and obtained a decree on 25-11-1949. He brought the properties to sale in E. P. No. 74 of 1950. One Paleti Raghaviah and Koteswara Rao filed claim petitions under Order 21 Rule 58 of the Civil Procedure Code. Those claim petitions were dismissed on 2-9-1950. The properly brought to sale in E. P. No. 74 of 1950 was subsequently sold in court auction for Rs. 715. 00. The plaintiff who is the decreeholder pruchased the properties in auction. The decreeholder retained Rs. 380-11-0 in his hands towards the satisfaction of the decree obtained by him in S. C. 273 of 1949 and paid in court the balance of Rs. 334. 00. The

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