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1982 Supreme(AP) 224

CHENNAKESAVA REDDY, KODANDA RAMAYYA
Bollapalli Venkat Rao – Appellant
Versus
Chaturvedula Subbaiah – Respondent


Advocates:
P.L.N. Sarma, for Petitioner. A. Suryanarayana Murthy, for Respondents.

Judgement

KODANDARAMAYYA, J.:- This Civil Revision petition is referred for decision of a Division Bench by our learned brother Rama Rao, J. The question referred is whether a Second Appeal lies to this Court against the appellate order passed on an application under O.21, R.58 C.P.C.

2. The petitioner herein filed an application under O.21, R.58 C.P.C. before the Subordinate Judge, Narasaraopet, to raise the attachment in respect of petition schedule properties challenging the attachment effected at the instance of the 1st respondent-decree-holder who had obtained a decree against the 2nd respondent-judgment-debtor. The contention of the petitioner is that the execution proceedings in respect of the petition schedule properties are illegal as the property belongs to him and not to the judgment-debtor. At present we are not concerned with the merits of the case and is enough if we notice that the object of the petitioner was overruled by the executing Court. A Civil Miscellaneous Appeal was filed against the said order of the executing court dated 18th July, 1979 on the file of the I Additional Judge, Guntur and the Appellate Court in its judgment dated 6-12-1979 confirmed the order



















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