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2016 Supreme(AP) 553

B.SIVA SANKARA RAO
Tatineni Subash Chandra Bose – Appellant
Versus
Alla Satya Veera Pothuraju – Respondent


Advocates Appeared:
For the Petitioner: Deepika Gadde.
For the Respondent: M.R.S. Srinivas.

ORDER :

1. The respective revision petitioner are the sole plaintiff respectively by name TSC Bose in both the suits viz. O.S. No. 505 of 2009 and O.S. No. 72 of 2008 filed by him for recovery of Rs.42,72,330/- and Rs.15,48,199/- respectively with interest and costs against the self-same defendant (J. Dr.) by name A.S.V. Pothuraju and said suits were decreed on 30.07.2012 and 23.10.2009 respectively and in pursuance to said decrees, the respective revision petitioner (decree holders) filed E.P. No. 100 of 2012 and 74 of 2012 respectively under Order XXI Rules 64 and 65 CPC, against the J. Dr. and by not showing son of the J. Dr./3rd party to the two suits as 2nd respondent in both the Execution Petitions, even the contest of J. Dr. was that he settled the property in favour of his son for proclamation and sale of the E.P. schedule property, which was attached before judgment in both the suits, to realize from the sale proceeds the respective decree debts by the D. Hrs.

2. It was after filing of sale papers and upon verification of the record by the executing Court, it was noticed about the non-compliance of Order 21 Rule 14 CPC and therefrom on 25.11.2013, directed the D. Hr. to comp











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