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1958 Supreme(AP) 77

P.CHANDRA REDDY, SESHACHELAPATHI
Koduru Lalithamba – Appellant
Versus
Borra Mangamma – Respondent


Advocates:
A. Sambasiva Rao and K. Ramanatham, for Appellants; B. Manavala Chowdari, for Respondent 2.

Judgement

P. CHANDRA REDDY, Offg. C.J. : -

These two appeals are filed by the decree-holder in O. S. No. 34 of 1933 on the file of the Subordinate Judge of Musulipatam against the order of the District Judge, dismissing two execution petitions filed by the appellants. The appellants filed a suit against the respondents, O. S. No. 34 of 1933, for recovery of about Rs. 6,000/- and a judgment was entered in his favour on 25-10-1933.

Execution was levied by him for the satisfaction of the decree on several occasions, but it is not necessary to trace the history of all these petitions. It is sufficient to refer to E. P. No. 38 of 1940 which was for attachment of immovable properties belonging to the judgment-debtors then lying within the jurisdiction of the Subordinate Judge, Masulipatam.

Pending this, the judgment-debtors filed a petition under S. 20 of the Madras Agriculturists Relief Act for stay of execution of the decree alleging that they propose to take out an application under S. 19 of the said Act to scale down the decree debt. Having obtained stay, the judgment-debtors did nothing further with the result that the stay of execution of the decree was vacated.

Unfortunately, the decr












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