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2021 Supreme(AP) 10

M.VENKATA RAMANA
Dasari Sambasiva Rao, S/o. Venkata Rattaiah – Appellant
Versus
Sri Srinivasa Service Station, Rep. by its Managing Partner Dammalapati Srinivas – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M.Chalapati Rao

ORDER:

This Civil Revision Petition is directed against order in E.A.No.121 of 2018 in E.P.No.82 of 2006 in O.S.No.693 of 2004 on the file of the Court of learned II Additional Senior Civil Judge, Vijayawada.

2. The petitioner is first J.Dr. The first respondent is the D.Hr. and the respondents 2 and 3, who are no more, were J.Drs.2 and 3.

3. The first respondent instituted the suit against the petitioner and respondents 2 and 3 as a partnership firm, represented by it’s partner Sri Dammalapati Srinivas, on the foot of two promissory notes, in all for Rs.2,66,672/-. The suit was decreed on 03.03.2006 basing on the material produced by the first respondent and also for the reason that the petitioner did not choose to participate during the trial. Thus, it remained an ex parte decree.

4. In execution of this decree, the first respondent instituted E.P.No.82 of 2006 for realisation of decretal amount. The mode of execution sought was by attachment and sale of immovable property. The petitioner also contested this execution petition and his objections were overruled. His son Sri Bhanu Mahesh filed a claim petition in E.A.No.262 of 2011 under Order XXI Rule 58 CPC read with Section 151 CPC.

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