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2018 Supreme(AP) 718

R.S.CHAUHAN, M.SATYANARAYANA MURTHY
K. Siva Ramakrishna Prasad – Appellant
Versus
Shriram City Union Finance Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:K. R. Koteswara Rao, Advocate.

JUDGMENT :

M. SATYANARAYANA MURTHY, J.

1. This Civil Revision Petition, under Section 115 of C.P.C, is filed by the judgment debtors in the proceedings in E.P.No.10 of 2015 in A.R.C.No.592 of 2014 questioning the order dated 23.10.2018 passed by the Principal District Judge, West Godavari at Eluru whereby attachment of the property was ordered under Order XXI Rule 54 of C.P.C as a step to proceed further under Order XXI Rules 64 to 66 of C.P.C.

2. The petitioners are the judgment debtors in the Arbitration Case and the respondent obtained an award to recover an amount of Rs.1,72,10,736/- in total, together with costs. The respondent filed the Execution Petition by invoking Order XXI Rules 54 and 64 to 66 of C.P.C to attach the petition schedule property and for sale in order to realise the amount due under the award.

3. The petitioners herein, who are the judgment debtors before the Executing Court, filed a counter denying the material allegations inter alia contending that the 2nd petitioner herein-Smt. K.Mrunalini is also one of the sharers along with the 1st petitioner, as the property was acquired by her grand father and the property is an ancestral property of the joint family. Bu













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