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1956 Supreme(AP) 21

CHANDRA REDDY
MAHAMMAD GAFFAR BAIG – Appellant
Versus
MAHAMMAD ABDUL KHALEEL KHAN – Respondent


CHANDRA REDDY, J.

( 1 ) THE judgment-debtor has brought this appeal from the order of the subordinate Judge, Tenali, directing the execution of a decree obtained against him to proceed. One of the decree-holders put in execution a decree obtained by him and some others against the appellant for Rs. 5,445-8-3 in o. S. No. 3/1940 Sub Court, Tenali on 25-2-1940 but nothing seems to have come out of it. The next E. P. also appears to have been unfruitful. In e. P. 123 of 1946, the properties of the judgment-debtors were attached and the E. P. was closed. In 1948 by levying execution, a sum of more than rs. 6. 000/- was realised for which part-satisfaction was entered. For the unpaid balance, execution was taken out in E. P. 221/1951 for sale of the property already attached. This petition was not pressed and so it has been dismissed. It is represented by the counsel for the respondent that just then one of the parties obtained stay of the execution of the decree and that was the reason why the respondent did not press that execution petition. The petition out of which this appeal had arisen was filed for sale of the property of the judgment-debtor. Objection was raised on behalf of the





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