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1945 Supreme(Mad) 90

SOMAYYA
Vemuri Subbayya – Appellant
Versus
Bayya Nagaratnamma – Respondent


JUDGMENT

Somayya, J.

1. The question in this case is, in my opinion, really concluded by the decision of the Full Bench in Venkatachalapati Rao v. Kameswaramma (1945) 1 M.L.J. 165. An order for stay was obtained from the Appellate Court on the 9th July, 1942, but it was not communicated by the Appellate Court to the trial Court until the latter Court rose for the day. It seems to have been received in the office of the District Munsif after court hours. A warrant had been issued for the attachment of certain movables of the judgment-debtor on the same day, and the finding of the lower Court is that it was done long before the trial Court had notice of the stay order. The order for attachment was issued even prior to the passing of the order of stay by the Appellate Court. The warrant was issued to an amin, and the amin attached certain movables early on the morning of the next day. The question is whether the attachment is valid.

2. Mr. K. Kameswara Rao, learned advocate for the appellant, argues that the amin and the decreeholders son were personally aware of the order of stay passed by the District Court on the previous day. This is found against by the lower Appellate Court. Then,











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