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2022 Supreme(AP) 857

B. V. L. N. CHAKRAVARTHI
Panda Venkata Rao (died) – Appellant
Versus
Padyala Venugopala Prasad, S/o. Subba Rao – Respondent


Advocates Appeared:
For the Appellants : Nimmagadda Satyanarayana.
For the Respondent: N.V. Anantha Krishna.

JUDGMENT :

This Civil Revision Petition is filed by the Decree Holder/Plaintiff under Section 115 of C.P.C., against the order, dated 05.11.2012, in C.M.A. No. 5 of 2010 on the file of the Appellate Court below i.e., Senior Civil Judge Court, Repalle, Guntur District.

2. The parties herein after will be referred to as ‘petitioner’/judgment debtor and ‘respondent’/decree holder as arrayed before the appellate court in C.M.A. No. 5/2010.

3. The facts leading to the present revision petition are that the respondent/decree holder filed suit in O.S.No.286 of 2000 on the file of Prl. Junior Civil Judge Court, Repalle and obtained a Decree for Rs.1,12,044/-. The respondent filed EP 5 of 2003 to attach Ac.3.56 cents of petitioner, and to sell the same property for Rs.6,12,000/- against the warrant amount of Rs.1,17,522/-, for realization of the decretal amount. The value of the schedule property per acre as per the Government is Rs.4,66,360/-. The market value of the entire schedule property was more than Rs.25 lakhs @ Rs.7 lakhs per acre. The executing court ought to have Ac.1.00 itself

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