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1937 Supreme(Mad) 328

BURN
Pandivi Satyanandam – Appellant
Versus
Paramkusam Nammayya – Respondent


JUDGMENT

Burn, J.

1. These appeals and O.R.P. No. 331 of 1935 arise out of orders passed by the learned District Judge of East Godavari and the Principal Subordinate Judge, Ellore, in the course of proceedings taken in execution of the decree in O.S. No. 18 of 1928 on the file of the Sub-Court Ellore. The suit was for partition of joint family property, but besides the members of the joint family, many persons were imp leaded as defendants on the allegation that they were in possession of joint family properties, moveable and immovable. On 16th September 1930, the Subordinate Judge passed a "preliminary decree", and this was transferred for execution to the District Court of East Godavari. In that Court, three applications for execution ware put in by the plaintiff and defendant 5, against defendants 40-43. The first was E.P. No. 151 of 1931 by the plaintiff, presented on 6th October 1931, in which he prayed for arrest of defendants 40-43, and for attachment and sale of their moveable and immovable properties to realize the balance due to the plaintiff under the decree of 16th September 1930. It is clear, though the papers are not before us, that in pursuance of this petition certain





















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