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2023 Supreme(AP) 1361

K. MANMADHA RAO
Margadarsi Chit Fund Ltd – Appellant
Versus
Moturi Gnana Prakash – Respondent


Advocates appeared:
P.Durga Prasad, Advocate, V.Jithender Rao, Advocate

JUDGMENT

1. Aggrieved by the orders dtd. 16/3/2015 passed in E.P.No. 77 of 2014 in Dis.No.53 of 2012 on the file of the Court of the Principal Junior Civil Judge, Visakhapatnam, (in short "the execution court" the present revision is filed.

2. The petitioner herein is the Decree Holder/ plaintiff; the respondents 1 to 4 herein are the Judgment Debtors/ defendants 1 to 4 before the court below.

3. Initially the petitioner filed a case for recovery of money against the respondents basing on the Chit transaction before the Deputy Registrar of Chit/ Arbitrator at Visakahpatnam in Dis. 53 of 2012 and the same was disposed of by way of Award dtd. 2/6/2014 for Rs.76,872.00. Basing on the Award, Execution Petition was filed under order 21, rule 48 of C.P.C seeking to order attachment of J.Drs 1, 2 and 4 to the extent of money available by issuing pro-order to their garnishee mentioned in the E.P and claima to send to the attached amount to court for realization of E.P amount and further interest till realization. On enquiry, the execution court dismissed the said E.P holding that the Judgment Debtor No.1 died on 13/7/2014 and the Decree Holder not taken steps to implead the legal representa

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