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2020 Supreme(AP) 312

U.DURGA PRASAD RAO
Tetali Phanindra Reddy – Appellant
Versus
Mallidi Satish Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Chaparla Sitaram rep. K. Gani Reddy
For the Respondents: S.V.S.S. Siva Ram

ORDER :

U. Durga Prasad Rao, J.

1. Challenging the notice dated 19.10.2018 issued by the execution Court i.e., Senior Civil Judge, Ramachandrapuram in EA No. 494/2018 in EP No. 210/2010 in OS No. 279/2006, JDR No. 2 filed the instant C.R.P. under Section 115 CPC.

2. The factual matrix of the case which led to file the CRP is thus:

    (a) The 1st respondent/DHR obtained money decree against the JDRs on the file of II Additional Senior Civil Judge Court, Visakhapatnam and got transferred the decree for execution to the Court of Senior Civil Judge, Ramachandrapuram. He filed EP No. 210/2010 for sale of E.P. schedule landed property and for realisation of E.P. amount. The JDRs contested the E.P. inter alia contending that they were not the original borrowers and the suit was filed against them as LRs of deceased borrower T. Chandra Reddy and so their liability was only to the extent of the properties left behind by late Chandra Reddy, but they were not personally liable. They contended that the E.P. schedule properties were originally ancestral properties and while the JDRs were minors, i

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