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1956 Supreme(AP) 229

CHANDRA REDDY, SRINIVASACHARI
Anisetti Venkanna alias Venkateswara Rao – Appellant
Versus
Rimalapudi Venkata Rao – Respondent


Advocates:
K. Ramachandra Rao, for Appellants; N. Bapiraju, for Respondents.

Judgement

CHANDRA REDDY, J. :- This appeal is against the order of Bhimasankaram J., refusing to issue an interim injunction restraining the respondent from executing his decree. The facts culminating in this appeal may be briefly stated.

2. O. S. No. 200 of 1952 was filed by the respondent in the Court of the District Munsiff, Ramachandrapuram, on the foot of a promissory note executed by the father of the appellants. The suit was decreed ex parte. It is said that the suit was not contested for the obvious reason that there was no defence thereto. When the execution was being levied, the appellant filed a suit for a declaration that the suit promissory note was not binding on the minors for the reason that the debt incurred thereunder was tainted with immorality and illegality and therefore in execution of the decree the shares of the minors could not be proceeded against. The plaintiffs prayed for a temporary injunction restraining the decree-holder from executing the decree. This was disallowed and a C.M.A. was preferred against it. Pending the appeal, the same request was made in this Court. Though an interim injunction was granted, it was dissolved by Bhimasankaram, J., in C.M.








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