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1939 Supreme(Mad) 257

WADSWORTH
Vallabhaneni Parandamayya – Appellant
Versus
Kosaraju Surayya – Respondent


JUDGMENT

Wadsworth, J.

1. The appellant is a judgment-debtor and appeals against an order permitting execution without any fresh attachment, the learned District Judge having held that an attachment before judgment did not come to an end by the adjudication of the judgment-debtor as an insolvent which was subsequently annulled. In 1930 a decree was obtained against the appellant and there was an attachment before judgment which was enforced in an execution petition of 1931. Just before the date to which the sale was posted, the judgment-debtor was adjudged an insolvent and on this fact being intimated to the executing Court the order passed was "judgment-debtor is adjudged insolvent, Sale stopped Dismissed". The last word is not very clearly decipherable, but I accept the interpretation of the learned District Munsifs handwriting which has appeared correct to the Courts below. On 16th August, 1934, the adjudication was annulled. On 4th January, 1935, the decree-holder having died, his legal representative filed a fresh execution petition 76 of 1935 praying for recognition of the applicant as the legal representative of the decree-holder and for sale of the properties by virtue of a s




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