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2008 Supreme(AP) 498

G.V.SEETHAPATHY
Yenneti Srinivas – Appellant
Versus
Pula Varada Raj Kumar – Respondent


Advocates appeared:
Counsel appeared V.V.L.N. Sarma, Counsel for the Petitioner; S. Rolllachandra Prasad, Counsel for the Respondent.

ORDER :- Heard the learned Counsel for the respondents. None appears for the petitioner. Perused the record.

2. This revision petition is filed against the order dated 22.9.2006 passed in EA No.56 of 2006 in OS No.159 of 2002. on the file of the learned Senior Civil Judge, Machilipatnarn, wherein the said application filed by the revision petitioner seeking to order ratable distribution of the amounts between the petitioner and respondent No.1 herein was dismissed.

3. The petitioner and 1st respondent are said to have obtained the decrees against the 2nd respondent. The petitioner obtained a decree for a sum of Rs.1 ,50,000/- in OS No.143 of 2002 and in execution for the said decree, he filed EP No.43 of 2003 in order to bring the property of the 2nd respondent to sale. According to him, he came to know that the 1st respondent filed the present suit OS No.159 of 2002 against the 2nd respondent and obtained a decree and brought an amount of Rs.5,19,996/- to the credit of the present suit from the 3rd respondent-bank. Hence, the petitioner herein filed the application seeking to order ratable distribution of the amount between himself and the 1st respondent.


4. The learned Counsel for


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