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2013 Supreme(AP) 1179

L.NARASIMHA REDDY, M.S.K.JAISWAL
Ch. Venkata Rao – Appellant
Versus
J. R. Rameshji, Secunderabad – Respondent


Advocates Appeared:
For the Appellants:G. Krishna Murthy, Advocate.
For the Respondent:S. Srinivasa Reddy, Advocate.

Judgment :

L. Narasimha Reddy, J.

The 1st appellant filed the Suit in O.S. No. 62 of 1980 in the Court of the I Additional Judge, City Civil Court, Hyderabad, against the 2nd respondent for recovery of Rs.38,000/-. The Suit was decreed on 30.11.1981. By obtaining of precept, the 1st appellant filed E.P. No.5 of 1987 in the Court of Subordinate Judge, Siddipet for recovery of a sum of Rs. 53,067-50 ps. The E.P. Schedule property situated at Mulugu was attached on 26.4.1988. The 1st respondent filed a claim petition, being E.A. No.20 of 1988 under Rule 58 of Order 21 of C.P.C. in E.P. No.5 of 1987. He pleaded that the E.P. schedule property was purchased by him on 15.9.1986 under Ex.A1 and that the attachment of the said property is untenable. The E.A. was opposed by the appellants. The Executing Court dismissed the E.A. through order dated 25.8.1992. Aggrieved by that, the 1st respondent filed A.S.No.1959 of 1992 before this Court. A learned Single Judge of this Court allowed the said appeal through judgment dated 24.9.2001. Then, this Letters Patent Appeal under Clause 15 of the Letters Patent.

Sri G. Krsihna Murthy, learned counsel for the appellants submits that one M/s. J.B. Bodo &








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