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2007 Supreme(AP) 865

G.YETHIRAJULU
SREEMANTHULA KESAVACHARI, L. R. SREEMANTHULA RAJESWARAMMA – Appellant
Versus
YAYYAVURU VALLAMA (DIED) – Respondent


( 1 ) THIS Revision Petition filed by the petitioner in E. P. No. 21 of 2003 on the file of the learned Junior Civil Judge, Venkatagiri.

( 2 ) THE petitioner's husband by name Kesavachari filed O. S. No. 46 of 1996 against the first respondent for recovery of the amount and the suit was decreed in favour of Kesavachari. After the decree of the suit, Kesavachari died and his L. Rs filed E. P. No. 21 of 2003 for realization of the amount under Order 21 rule 51 of C. P. C. by way of attachment of the property and to bring the property for sale for realization of the E. P. amount. The Court ordered attachment and notice and posted the E. P. on 21-04-2003. Subsequently, the respondents made their appearance in the E. P. and filed a counter by contending that earlier, the l. Rs of Kesavachari filed E. P. No. 81 of 1995 and the same was dismissed for want of succession certificate. The petitioner did not challenge the orders of dismissal of E. P. No. 81 of 1995 and the order became final. The petitioner by name Rajeswaramma, the wife of the decree holder, filed the present E. P. on the basis of a will, dated 15-08-1992 said to be executed by the decree holder kesavachari. The petitioner






























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